T.C. SUPREME
1.law office
Based on: 2014/11142
Decision: 2016/7262
Date of decision: 14.06.2016
LAND REGISTRY
CANCELLATION OF TITLE DEEDS AND REGISTRATION PROCEEDINGS – DUE TO THE FACT THAT THE PROVISIONS OF SHARED OWNERSHIP WILL BE APPLIED IN DISPUTES BETWEEN HEIRS AND EACH OTHER, AND THE SHARE RATIO CAN BE SUED VOLUNTARILY – FAILURE TO ESTABLISH A PROVISION WITHOUT EXAMINING THE MERITS OF THE WORK – DECENCY
ABSTRACT: The court decided to dismiss the case on the grounds that the case filed with the cancellation-registration request cannot be heard due to the legal reason of “lack of license”, which should be examined first of all from the requests put forward. However, since the provisions of the law No. 4721 on shared property provided for in Articles 688 and dec will be applied in disputes between heirs and each other, it is possible to file a lawsuit at the share rate at will. Instead of examining the merits of the work and making a decision based on its conclusion, it is not correct to establish a provision in writing.
(6098 P. K. m. 19, 36) (4721 P. K. m. 688)
Tuesday, 14.06.2016, the day of the hearing was determined to be Tuesday, the day of the hearing, the acting Counsel … and the acting Attorney who appealed came to the hearing, the oral statements of the deputies who arrived after the adoption of the appeal, which was apparently granted and registered, were listened to, the hearing was started, the oral explanations of the deputies who came after the decision was made dec the acceptance of the appeal petition, which is understood to be registered, was made, the trial and decision was made by the plaintiffs. it was reported that it was over, the matter was settled. On the contrary, the report organized by the Audit Judge was read and thought was received. The file was examined, discussed and considered as necessary:
The case relates to the request for cancellation of title deeds at the rate of shares filed based on the legal reasons of ”lack of legal license“, ”cheating“ and ”muris muvazaası”.
The Court decided to dismiss the case on the grounds that the case filed with the request for cancellation-registration in the share ratio cannot be heard due to the legal reason of “lack of license”, which should be examined first of all from the requests put forward.
However, since the provisions of shared ownership provided for in Articles 688 and dec of the Turkish Civil Code No. 4721 will apply in disputes between heirs and each other, it is possible to file a claim at the share rate at will.
In the concrete case, both the plaintiffs and the defendant are the heirs of muris …
In this case, it is not correct to make a decision in writing instead of examining the merits of the work and making a decision based on the outcome.
The appellate appeal of the plaintiffs is in place for the reason described. By its adoption, the provision (temporary 3 of the Law No. 6100.by sending the article) HUMK No. 1086.un 428.in accordance with Article 1.350.00 for the acting appellants arriving in accordance with the Attorney’s Fee Tariff, which entered into force on 21.12.2015, to the DISRUPTION in accordance with Article 1.350.00.-TL. it was unanimously decided on 14.06.2016 to withdraw the power of attorney fee from the appellant, to return the received advance fee to the appellant. (¤¤)
