-EXAMPLE PETITION-

ANKARA SENTINEL ( ) TO THE COURT OF FIRST INSTANCE

AN INJUNCTION IS REQUESTED.

Plaintiff :

Address

Attorney :

Address

DEFENDANT :

Address

CASE VALUE: 000.00 TL

SUBJECT OF THE CASE: It consists of our requests for cancellation and registration of the title deed due to Muris muvazaa.

INSTRUCTIONS

Plaintiff client A….. B….. and the defendant C….. B….. as October be understood from the inheritance decree (October-1), which we have submitted in the annex to this petition, we are brothers and sisters../../…. In the history of their deceased father D…. B….are the heirs of ’

Before October death of the bequeathed D… B… the subject of the lawsuit is the immovable property of kain (Land registry document is presented in appendix October-2) in Yenimahalle District of Ankara Province … Ada, … Parcel../../…. In the history of the defendant C….. B…..he transferred it to the client with a “maintenance contract until death”, which took place without the client’s knowledge. The client found out about the contract after the death of the murisin in question.

Murisin said that this transfer process, client A….. B…..it is clear that he did it for the purpose of smuggling goods from, and with this case we request the cancellation of the title deed of the real estate subject to the request at the rate of the client’s share of inheritance and the registration and registration of the title deed on behalf of the client for the reasons we explain below.

First of all, we must state that muris D… B…, defendant C….. B….. there has never been a situation left that would require concluding a contract with it in this way. Muris, a retired civil servant, lived alone in his house until his death, during which time he was able to provide himself with his food, cleaning, and all the needs of his home.

Muris did not have a health problem that would negatively affect his life and therefore did not live a life that would require care. Even if we think for a moment that the defendant and the muris have made this contract for the reason of maintenance, the fact that the defendant lives in his own home with his family on the date of the contract and the muris lives alone in his own residence shows that such maintenance has never occurred.

Muris had a sufficient income for himself financially and was not in a debt that would require support. Muris was the owner of the immovable property in which he resided, and his only asset was this immovable property. Again, even if we think for a moment that muris and the defendant have substituted this agreement, the conclusion of the contract on the sole property of muris will make it obvious that it was not made within a reasonable limit.

As a result, for these reasons described, since it is fixed that the murisin does not divide his inheritance among his heirs in reasonable proportions and does not make any equalization; Decently, the plaintiff client A….. B….. it is obvious that he acted for the purpose of smuggling goods from ‘ In this way, we are substituting this case in order to prevent the usurpation of the client’s right.

LEGAL REASONS: TMK, TBK, HMK, Land Registry Law No. 2644 and other relevant legislation

EVIDENCE : Land registry records, witness statements, precedent price research, discovery, oath, expert report, etc. all delail

CONCLUSION AND CLAIM : With all the reasons described above and re’ you will be considered by your Court:

1-First of all, it is decided to accept our request for an injunction in order to prevent the transfer of the real estate subject to litigation to a third party and to write to the land registry office for this matter to the client,

2-It is decided to cancel the title deed registration on the defendant and register it at the rate of its share on the plaintiff client,

3-Any kind of trial goes, and we offer and request by proxy that the estimate of the power of attorney be decided by the other party. 21/10/2021

Plaintiff A….. B….. Attorney

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