T.O
SUPREME
14. LEGAL DEPARTMENT
PRINCIPAL NO. 2015/2607
DECISION NO. 2015/9898
DECISION DATE.05.11.2015
Court: Ivrindi Court of First Instance
Date: 13/11/2013
Number: 2013/26-2013/193

At the end of the hearing on the request of the attorney of the plaintiffs against the defendants on 08.02.2013, the decision of the court of Cassation on 13.11.2013 regarding the acceptance of the case was reviewed by the defendant E.. A.. after the decision was made to accept the appeal petition, which is understood to be due to be requested by the dossier and all the papers in it were examined and considered necessary:

DECISION

Deputy plaintiff, muris A.. E..with the determination that the estate was submerged in debt, he requested that the inheritance be decided upon to be rejected by the judgment.
The court determined that the estate was submerged in debt and that the inheritance was rejected by verdict.
Sentencing, defendant E.. A.. his attorney appealed.

Legal and appointed heirs may refuse the inheritance. If the bequeatherís inability to pay on the date of his death is clearly defined or officially determined, the bequeath shall be deemed to have been rejected. (TMK md. 605 )

In the case of the dismissal of the inheritance, it is necessary to investigate whether the estate is clearly submerged in debt. In the event that a weak certificate is issued at the end of execution follow-up, the applicant is considered to be submerged in debt. Otherwise, the bank, traffic Registration Directorate, tax offices, municipalities and land registry office in accordance with the procedure of whether the property of Muris is submerged in debt or not, v.b. the assets and liabilities of Muris should be determined in a way that does not cause any hesitation by taking into account the amount of debt subject to follow-up and the assets and liabilities of Muris should be investigated with the help of the police.
The request to determine that the estate was submerged in debt at the time of the death of Muris is not a case of eda, without the need for the heirs to declare a Will, resulting in the rejection of the inheritance due to the law, “heirs, the death of the bequeathers as a whole, according to the law” (TMK. m. 599/1) is a type of case for determining a legal situation that constitutes an exception to the legal rule. In accordance with this nature, maktu is subject to fee and in case of acceptance or rejection, the maktu power of attorney fee is ruled.

Also, TMK’s 605. article 39 of the regulation on the application of the provisions of the Turkish Civil Code of custody, custody and inheritance in order to request the rejection of the inheritance. in accordance with the second paragraph of the article, it is necessary to have the power of denial of the inheritance in the power of attorney of the attorney in the file, since it is understood that the attorney of the plaintiff does not have the authority to sue for rejection of the inheritance in the power of Attorney, first of all these deficiencies should be

The court’s decision had to be overturned for the reasons stated that it was not right to establish a written judgment with incomplete examination without clear determination of the debt as of the date of Muris ‘ death.

Conclusion: for the reasons described above, Defendant E.. A.. the decision was unanimously decided on 05.11.2015, with the acceptance of the appeal appeals of the attorney, the annulment of the provision, the return of the advance fee to the Depositor upon request, and the way to correct the decision within 15 days of the notification of the decision.