Categories: General

Example Of a Petition To Appeal The Expert Report In The Case Of Collecting The Value Of Real Estate That Is Not Nationalized

…….TO THE COURT

File: … / … E.

CONTESTING

DEFENDANT :

TC IDENTIFICATION NUMBER :

ADDRESS :

Deputy :

(Legal representatives of the parties, if any)

ADDRESS :

(Legal representatives of the parties, if any)

DEFENDANT :

Address :

Subject: our objections to the expert report in the case of collection of immovable value elated without expropriation are submitted.

INSTRUCTIONS :

1 -) Our client, … province, … district … Kain, … Island,…. Parcel number … is the property of the entire m2 of real estate.

2 -) our objections to the expert report dated … / … / … submitted to the file in relation to the case file registered in the above-mentioned basis of your court are as follows:

The subject matter of the lawsuit is real estate land. 11, which specifies the principles of valuation of the law on expropriation.Article 1.in accordance with paragraph (g) of the paragraph on plots, the cost of plots must be calculated according to precedent sales that do not have a specific purpose before the evaluation day. In this respect, after the provisions of precedent sales at the evaluation date are determined by applying price increase indices, the precedent and the property subject to litigation must be evaluated by explaining what the missing and superior aspects are and the rates.

After it is announced that the precedent sales brought in the expert report based on the provision will not be taken as a precedent, it is not possible to establish a provision in accordance with this report, since the precedent is evaluated in abstract expressions without a review.

3 -) for this reason, it is necessary to give the parties the opportunity to show precedent again, if necessary, go to the path of a resen precedent subpoena and decide according to the result of the report, which will be obtained by Discovery with the Expert Council, which will be re-created to determine the real estate value subject to the case by comparing the precedent.

4 -) for the reasons we try to explain above, we object to the expert report in question.

Legal reasons: 2709 P. K. m. 46, 2942 P. K. m. 11, 15, 6100 P. K. m. 266, 281

Conclusion and request : for the reasons we have tried to explain above, I request by proxy that with the acceptance of our objections to the dated expert report, the decision to conduct an expert review should be made again and in such a way as to cover the issues mentioned in our objections. …/…/…

Acting Defendant

Attorney

Aşıkoğlu Law Office

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