12 Sep ENFORCEMENT OF TESTAMENT
After notaries have issued a will, they inform the relevant population Directorate to comment on this situation in the Population Register of the testator. In practice, magistrates are generally informed of the existence of the will upon notification of the population directorates. Somehow, when the magistrate becomes aware of the existence of the will, he asks the notary who issued an example of it. He then issues a notification to all the estimated heirs and informs them of the day when the Will will be opened. On the specified day, the Will is opened. If the interested parties do not object, or when their appeal and cases are completed, the court decides that “the Will is considered to be opened and read, the document of inheritance is given to the heirs who want it”
This decision must be finalized, as the law is clear and its appeal is Kabul.If it is stated in the decision that the Will has been opened and read, even if it has not been challenged or challenged by all heirs, this decision is a decision on enforcement and can be applied. Because the fact that those who want to be given a certificate of inheritance strengthens this opinion.
REGISTRATION IN THE DEED ACCORDING TO THE WILL
After the determination of the Will has been made and this decision has been finalized, the legal and appointed heirs who wish are given a document (inheritance certificate) indicating that they are the court-appointed heirs.
a) request for registration of legal heirs:
Legal heirs can request a certificate of inheritance from the judge after the opening, reading and enforcement of the Will is decided and this decision is finalized. The name of the designated heir, if any, is also included in this inheritance bill to be given to legal heirs. Because the appointed heir is also the heir of Terek within the bequeathed ratio. In this case, the legal heir who is the creditor of the will may request that the transfer process be made from the Land Registry Office with the declaration of succession received.With this transfer process, the property that cannot be moved takes place in a way that is associated with the verasette.Between the parties, the provisions of participation shall apply.Dec.
b) request for registration of appointed (testamentery) heirs
Heirs appointed by the will may ask the judge to give them a certificate of succession indicating that they are the heirs after the decision has been made on the enforcement of the will. The designated heir can be one or more persons. For this reason, each of them has the right to request a succession certificate separately. After the appointed heir receives the inheritance bill, he is no different from the legal heir. He can apply to the land registry office alone and request Revenge of the inheritance. In such a case, the Land Registry Office makes the transfer process on behalf of all legal and designated heirs in the inheritance document brought by the designated heir. As a rule, this transfer process is registered as property in the event of a subsidiary. However, at the request of all heirs (legal or appointed) or authorized representatives whose names are mentioned in the inheritance bill, the registration of revenge (inheritance) can also be made directly on the basis of joint ownership. In addition, there is no need to look for a sample of the will or a judge’s decision on enforcement or a letter of registration, except for a certificate of succession in the transfer request of the appointed heirs (TST.21 / a). It is enough that the certificate of succession has been brought.
c) a request for registration on behalf of a certain property bequeathed in favor:
A certificate of succession is not given to the bequeathed a certain property in favor of it. Indeed, he is not the heir of a certain proportion of Terek, but a certain wealth will be left to him. This person has the right to a claim against the heirs and Terek, so he is called musaleh or a will creditor. After deciding on the enforcement of the Will, a certificate of succession is given to other heirs, but a certificate of succession is not given to the person who bequeathed a certain property to him for this reason. As a rule, this person (the will creditor) will ask the heirs or the executor of the will to register what has been bequeathed to him on behalf of him, if any.
1) Request Of The Heirs For Registration On Behalf Of The Will Creditor:
Heirs or the executor of the will may register this particular property directly on behalf of the creditor of the will in accordance with the certificate of succession, the approved sample of the Will and the decision of enforcement. This is an exception to the unregistered non-savings rule (due to respect for the will of the person saving due to death) (MK.705/2) after the request of the heirs and the will creditor is written in the registration request document, the name of the heirs (if they have already transferred this place to the heirs ‘ names) is abandoned and the registration process is made on behalf of the will creditor.
2) Request Of Registration On Behalf Of The Will Creditor By The Executor Of The Will:
If the executor of the Will is appointed by the will, the executor of the will may also register this particular property that has been bequeathed on behalf of the creditor of the inheritance, who has left a certain property to him. For this, the executor of the Will must present a certified copy of the will. But there is no need to look for the judge’s letter for registration. Because the executor of the Will is the representative of the heirs and Terek. In addition, the request of the executor of the Will is passed to the registration request document by the land registry office and the registration is made as explained in yakarida. However, since the taxpayer of the expenses to be paid is the will creditor, the accrual of the Fees Must be made on behalf of the will creditor. It is not possible to cover this expense unless it is clearly stipulated in the will.
3) Request For Registration Of The Will Creditor Himself:
If the heirs or the executor of the will avoids registering a certain mir property on behalf of the will creditor, the will creditor must apply to the court that decides on the enforcement of the Will and ask for a letter to be written on behalf of the certain property left to him in the will. A judge can give such a letter to the will creditor even when he decides on the enforcement of the will at the very beginning of the work.
A person who has bequeathed a certain property in favor of it must apply to the relevant land registry office, taking an approved copy of the tenfiz decision and testament together with this article written for registration by the judge at work. This application is passed to the registration request document in the Directorate and the registration process is made on behalf of the will creditor as explained above.
In this regard, there is an important problem in practice: after deciding on the enforcement of the Will, judges avoid writing for the registration of certain assets in the will on behalf of the will creditor. However, Article 21/B of the Land Registry charter stipulated that the land registry director should seek such a letter written by the judge in order to register. 600 Of The Civil Code. According to the article, no one who bequeathed a certain property to him shall acquire the right of property without registration upon death. His right consists only of the right to demand that the property of this property be registered in his name. For this reason, the will creditor asks the heirs or probate officer to register the property on behalf of this property, if they avoid it, he will apply to the court that decides on the enforcement of the Will and request that a letter be given to him for registration on behalf of it, and with this letter he will apply to the land registry office. 600 of the Civil Code. In the face of the article, it does not mean the registration of certain goods on behalf of the creditor of the will. It is necessary for the court to report this issue in writing. If the court avoids writing such a letter, the will creditor will have to file a claim for title revocation (fortification due to inheritance) against the heirs for registration in the name of a certain property.
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