SHARING THE HERITAGE - 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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SHARING THE HERITAGE

28 Jul SHARING THE HERITAGE

Posted at 14:31h in INFORMATION by
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How the inheritance will be shared is freely decided by the heirs. The rules established by the inheritance law on how to make a share and how to create shares are binding on the heirs. The agreement on the Decoupling between them or the creation and actual receipt of shares binds the heirs.

The sharing agreement is subject to written form, otherwise it will not be valid. Heirs have equal rights over all the property of the landowner in sharing. Each of the heirs can ask for the payment of the debts of the payer before sharing.

Shares are formed by heirs in accordance with the number of heirs. In case of disagreement, the shares are established by the magistrate’s court at the request of one of the heirs. The privatization of shares, that is, their allocation to heirs, also happens by agreement of the heirs, and in case of disagreement, they are drawn into lots. The main thing is that the apportionment should be done exactly, if this is not possible, the way of apportionment through sales will be taken.

In the event that the heirs cannot reach a common decision or agree on the sharing of the inheritance, the heirs may also ask the court to share the inheritance. Each heir may ask the magistrate’s court to decide on the distribution of certain goods in the estate in kind, by means of property or sale. At the request of one of the heirs, the judge makes a division, taking into account the entire estate and each of the goods in the estate, by giving each of the immovables to the heir, if possible. The difference between the values of the real estate granted to the heirs is eliminated by paying money and equalization is achieved between the shares of Dec Dec inheritance.

A creditor who has inherited or foreclosed on the share of an heir in the opened inheritance, or who has a certificate of inability to pay a debt received against the heir, may also ask the magistrate to appoint a trustee to participate in the sharing in place of this heir.

Inheritance cases are very diverse and, in general, counting the types of cases on this issue; inheritance partnership and inheritance sharing, title cancellation and registration based on the muris agreement, tenkis case, equalization case, shaped cancellation of the will, elimination of the inheritance agreement, cancellation of the inheritance sharing agreement can be initiated as a prompt request. Heritage partnership TMK m.in accordance with Article 624, heirs may be terminated as a result of their request to share the inheritance at any time, unless they are obliged to continue this partnership in accordance with the law or a contractual obligation.

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