Deceased's Population Registration Information And Address Were Not Investigated, These Issues Were Not Asked By The Land Registry Office - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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Deceased’s Population Registration Information And Address Were Not Investigated, These Issues Were Not Asked By The Land Registry Office

07 Jun Deceased’s Population Registration Information And Address Were Not Investigated, These Issues Were Not Asked By The Land Registry Office

Posted at 00:47h in General by
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Supreme Court of the Republic of Turkey

14.Legal Department
Basis: 2015/12937
Decision: 2016/2555
Decision Date: 01.03.2016

REQUEST FOR ISSUANCE OF INHERITANCE CERTIFICATE – DECEASED’S POPULATION REGISTRATION INFORMATION AND ADDRESS ARE NOT INVESTIGATED THESE ISSUES ARE NOT ASKED FROM THE LAND REGISTRY OFFICE – THE PROVISION IS BROKEN

Summary: determining the addresses of deceased’s and his heirs with population records, there is no doubt that all opportunities should be used to obtain this information. However, the court brought the land registry and the basis documents, the contract table on the property of murisin, the Population Registration Information and address of murisin were not investigated, these matters were not asked by the Land Registry. If there is real estate belonging to deceased, the registration of the title deed and the basis documents are also claimed to be deceased’s brother….a decision to dismiss the case was not considered correct, so the provision had to be broken.

(4721 P. K. m. 30)

The case and the verdict: plaintiff, by counsel, issuance of Certificate of the inheritance given on the day 25.03.2015 at the end of the hearing on the petition with a request; provision given for the rejection of the case examination as requested by the Supreme Court of the plaintiff’s attorney 10.07.2015 blog, but apparently decided upon the adoption of the petition of Appeal has been resolved by examining all the papers in the file and:

The case relates to the request for the issuance of a certificate of inheritance.

Acting plaintiff, muris….he died single and childless on 10.03.1963, he was the grandson of murisin’s brother…the son…and demanded and sued for the removal of the inheritance.

By the court, murisin’s brothers as heirs….,…., …., .. and … where … the district population Directorate suffered a fire before 1955, records were formed in 1956 with a local spelling, pre-1955 registration records (death, marriage, divorce ..etc.) and murisin brothers…,…. and….from witness statements that the population records cannot be reached….even if his heirs can be identified, and….it is understood they did not have information that he died single and childless, so…. and….it is understood that no evidence other than the abstract statement of the plaintiff that he died single and childless was submitted to the file by the plaintiff party, that no record could be reached with the letter of the reply of the General Directorate of Population and Citizenship about the heirs, on the grounds that the case could not be proved, it was decided to reject it.

The plaintiff’s attorney appealed the ruling.

30 Of The Turkish Civil Code No. 4721. in the article, it is explained that birth and death can be proved by records in the population register, if there is no record in the population register or if it is understood that the record found is not true, the actual situation can be proved by all kinds of evidence. In our law, the principle of preparation by the parties in cases subject to contentious jurisdiction applies and depends on the demands of the dominant parties. The judge must decide, satisfied with the events claimed by the requesting parties and the evidence put forward. In cases subject to non-contentious jurisdiction, the principle of re’sen research prevails. Decisions made in cases filed without adversaries and subject to non-contentious jurisdiction do not constitute a final provision, and these decisions may be changed or eliminated as a result of an annulment case to be filed.

In a concrete case, it is undoubtedly necessary to determine the population records and addresses of deceased and his heirs, and all opportunities should be used to obtain this information. However, the court brought the land registry and the basis documents, the contract table on the property of murisin, the Population Registration Information and address of murisin were not investigated, these matters were not asked by the Land Registry. If there is real estate belonging to deceased, the registration of the title deed and the basis documents are also claimed to be deceased’s brother….a decision to dismiss the case was not considered correct, so the provision had to be broken.

Conclusion: for the reasons described above, the decision was unanimously decided on 01.03.2016 to overturn the provision with the acceptance of the plaintiff’s appeals and to return the advance deposit to the Depositor upon request

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