What is Inheritance Litigation?
Inheritance is the property values that do not end with the death of a real person whose personality ends with death, absenteeism or presumption of death, the lawsuits aimed at ensuring the transfer or benefit of these property values to legal and appointed heirs are generally called Inheritance Lawsuits, although there is no special type of lawsuit as Inheritance Lawsuit in the legal literature, as mentioned, it is a general characterization given to the lawsuits aiming to benefit from the property values of the heir or to have the rights stipulated in the law. Inheritance lawsuits include many types of lawsuits in terms of the type of lawsuit, but the most common types of lawsuits in practice are Muris muvaazası lawsuits, tenkis lawsuits, partnership elimination lawsuits and rejection of inheritance lawsuits.
How Long Does Inheritance Litigation Last?
Inheritance cases do not have a specific, predictable and generally valid duration, it may be possible to estimate the duration of the case according to the type of inheritance cases. For example, while the case of refusal of inheritance may be concluded within a year depending on the court’s situation, the case for the elimination of the partnership may continue for much longer periods depending on the number of heirs, the workload of the court, whether the case is well followed and a number of other factors. For this reason, in order to estimate the duration of an inheritance case, the type of case, the number of heirs, the court and the city where the case will be heard should be analyzed, but in the light of this information, it will be possible to make an insightful time estimate.
Documents Required for Inheritance Litigation
In order to file an inheritance lawsuit, there is generally no document requirement, but a certificate of inheritance is required to prove that you are an heir, and an inheritance lawsuit can be filed with the certificate of inheritance to be issued from the notary public or the civil court of peace, together with the necessary evidence according to the type of lawsuit. For example, a certificate of inheritance is sufficient for the dissolution of the partnership, a lawsuit for dissolution of the partnership can be substituted with a copy of the identity card and the certificate of inheritance, but since such cases require follow-up and expertise, it would be healthier to get support from a lawyer who is an expert in inheritance law or to carry out such cases through a lawyer in order to avoid loss of rights.
Which Court Heads the Inheritance Case – Authorized and Competent Court
According to Article 576 of the Turkish Civil Code, the court in the last place of residence of the heir is the competent court and the court in charge is the Civil Court of Peace, therefore, the Civil Court of Peace in the last place of residence of the heir is the competent court. The scope of inheritance cases is also specified in the text of the article
According to this; “the inheritance is opened in the settlement of the heir for the whole of the assets of the heir. the annulment or adjustment of the dispositions of the heir, the division of the inheritance and the cases of appropriation due to inheritance are heard in the court of this settlement. ”, in other words, the opening of the inheritance, the cancellation of the dispositions made by the heir, such as donation, sale, etc., is seen by the civil court of peace in the last settlement of the heir, on the other hand, for the heirs, for example, the certificate of inheritance can also be obtained by the civil court of peace in each heir’s own settlement, so as a result, the opening of the inheritance, the cancellation or annulment of the dispositions made by the heir regarding the assets of the heir, the division of the inheritance cases are seen in the court of the last settlement of the heir, and the jurisdiction rules in the Code of Civil Procedure apply for the other cases.
What is Discovery in Inheritance Case?
Discovery in the inheritance case is the on-site observation of the real estate subject to the lawsuit by the expert, the court and the relevant officials, and the preparation of a report by the experts on the matter required by the court, the need for discovery and expert report arises according to the lawsuit carried out by the real estate or, in general terms, the assets in dispute. For example, the discovery made in the ecrimisil case filed by other heirs who own a real estate used by some of the heirs, that is, other heirs who do not use the real estate in question, is made to determine the rental price and to determine the current condition of the real estate, so each discovery can be made for different purposes according to each type of case and its ultimate purpose is to bring the case to a conclusion.
What Happens After Discovery in Inheritance Case?
After the discovery in the inheritance case, the expert report required by the court is prepared and notified to the parties, the objection of the party who has an objection to the report is evaluated, if the objection is justified, an additional report or a new report may be requested, if the objection is found unfair, the objection is rejected and this stage of the proceedings is completed. In other words, as a result, discovery evidence is a type of evidence that serves to advance the proceedings and to prove the matter claimed or defended, and is a type of evidence that serves to establish physical and visual contact between the subject of the proceedings and the court.
Inheritance Case Fees & Prices
The fee in an inheritance case may vary depending on the circumstances of the case, the court where the case will be heard, i.e. the city where the case will be heard and the time the case will be filed. It is not possible to determine a standard fee, but to give you an idea, you can examine the minimum fee tariff for attorneys issued by the Istanbul Bar Association for each judicial year. On the other hand, the fee standard of each lawyer may differ, so it is the healthiest way to consult with an inheritance case lawyer in accordance with your situation and conditions for the inheritance case fee.
