If There Is Real Estate Belonging To The Deceased, The Registration Of The Title and The Basis Of The Documents Should Be Brought and It Should Be Determined Who The Heirs Of The Deceased Are In Fact - 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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If There Is Real Estate Belonging To The Deceased, The Registration Of The Title and The Basis Of The Documents Should Be Brought and It Should Be Determined Who The Heirs Of The Deceased Are In Fact

07 Jun If There Is Real Estate Belonging To The Deceased, The Registration Of The Title and The Basis Of The Documents Should Be Brought and It Should Be Determined Who The Heirs Of The Deceased Are In Fact

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Supreme Court of the Republic of Turkey

14.Legal Department
Principal: 2015/12867
Decision: 2016/2952
Decision Date: 08.03.2016

CASE FOR CANCELLATION OF THE INHERITANCE DOCUMENT – IF THERE IS REAL ESTATE BELONGING TO MURIS, THE REGISTRATION OF THE TITLE AND THE BASIS OF THE DOCUMENTS SHOULD BE BROUGHT AND IT SHOULD BE DETERMINED WHO THE HEIRS OF MURIS ARE IN FACT-VIOLATION OF THE PROVISION

SUMMARY: if you are immovable deceased of the deed and the documents record the basis of the evidence brought down from the side and asked with all the paternity deceased between litigants, whether you are deceased who are the heirs of the reality of a decision should be made according to the result duraksamasiz and determination when the denial of unprecedented decision into the case, therefore, the corruption of provision had. A decision has been made to overturn the sentence.

(4721 P. K. m. 30)

The case and the verdict: plaintiff against the defendant with the petition by the attorney on request revocation of the certificate of inheritance issued on 14.12.2010 day at the end of the hearing; the case given for the rejection of 10.07.2013-time provision Yargitayca examination requested by the plaintiffs attorney, but in time, 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 cancellation of the inheritance certificate and the request for the issuance of a new inheritance certificate.

Acting plaintiffs…. 1963/373 basis of the Court of First Instance, decision 250 was taken by the defendant on the basis of the inheritance document …. The magistrate’s Court 2009/246 essentially demanded the issuance of a new inheritance certificate of muris …with the cancellation of the inheritance certificate of decision 1285.

The defendant has defended the dismissal of the case.

Court, General Directorate of Population and Citizenship Affairs 30.05.2013 dated response article 1259 born in the household….. although it has been established that they are registered with his daughter, born in 1308….it was decided to dismiss the case on the grounds that the records of his mother and brother were not found, that no connection could be established with him, and that no records related to Yaşar could be found.

The plaintiffs appealed the ruling.

Healthy and determination to reach a conclusion the evidence in one case of the parties that will affect the outcome of the case and asked to be shown the complete collection of all evidence, with the necessary documents to be brought, then provision must be given according to the result after evaluating all of the evidence collected. Besides, prompt issuance of Certificate of the inheritance is subject to judgment filed with uncontested because in cases like this, ex-officio to apply the principle of research, that can be opened by the heirs of the plaintiff in such cases the only heir he is, in other words, the legator have to prove paternity with itself between the other whether you are the heir, and the share of inheritance that would be determined by the court ex officio, it is also without doubt.

On the other hand, 30 of the Turkish Civil Code No. 4721. in the article, it is stated that birth and death can be proven by all kinds of evidence, primarily 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.

In a concrete case, it is undoubtedly necessary to determine the population records and addresses of murisin and his heirs, and all opportunities should be used to obtain this information. However, the court brought the land registry records and the basis documents, the contract table of the land registry in which Muris is the owner, the Population Registration Information and address of deceased were not investigated, these matters were not asked by the land registry. Deceased of the immovable if the basis of documents and record the deed, and asked all the evidence brought down from the side with the paternity deceased between litigants, whether you are deceased who are the heirs of the reality of a decision should be made according to the result unceasingly and determination when the denial of unprecedented decision into the case, therefore, the corruption of provision had.

Conclusion: for the reason described above, it was decided unanimously on 08.03.2016 to overturn the provision by accepting the appeals of the plaintiffs ‘ attorney and to return the advance deposit to the Depositor upon request.

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