T.C
SUPREME
- law office
BASE NO. 2015/2607
DECISION NO. 2015/9898
DATE OF DECISION.05.11.2015
COURT : Ivrindi Court of First Instance
DATE : 13/11/2013
NUMBER : 2013/26-2013/193
At the end of the hearing held by the deputy plaintiffs on a petition filed against the defendants on 08.02.2013 and a request to dismiss the inheritance; Examination of the judgment of 13.11.2013 given on the acceptance of the case by the Supreme Court defendant E.. A.. after the decision was made to accept the appeal petition, which was understood to be in the process of being requested by the court, the file and all the papers in it were examined and considered as necessary:
decision
Deputy plaintiff, Muris A.. E..having determined that the progress of the is submerged in debt, he asked to decide on the provision rejection of the inheritance.
The court has decided to determine that the estate is in debt and to reject the provision of the inheritance.
Judgment, defendant E.. A.. the deputy appealed.
Legal and appointed heirs can refuse inheritance. If the inability of the testator to pay on the date of his death is clearly defined or officially determined, the inheritance is considered rejected. (TMK md. 605 )
In cases filed in connection with the refusal of the inheritance, it is necessary to investigate whether the estate is clearly submerged in debt. If an incapacity certificate is issued at the end of the enforcement proceedings, the terminator is considered to be in debt. Otherwise, banks, traffic registration directorate, tax offices, municipalities and land registry directorate v. In accordance with the procedure of whether the land is submerged in debt or not, whether the muris has assets or not.b. institutions and organizations should be asked, murisin’s receivables and debts should also be investigated by the police, and the assets and liabilities should be determined in such a way as not to cause hesitation, taking into account the amount of assets and debts subject to follow-up.
The request to determine that the estate is in debt at the time of the death of the muris is not an eda case, but leads to the conclusion that the inheritance is considered rejected due to the law, without the need for the heirs to declare a will, “the heirs earn the inheritance as a whole with the death of the testator in accordance with the law” (TMK. m. 599/1) is a type of lawsuit aimed at determining a legal situation that is an exception to the legal rule. In accordance with this nature, the victim is subject to expenses, and in case of acceptance or rejection, the victim’s power of attorney fee is also determined.
In addition, TMK has 605. article 39 of the Statute of the Turkish Civil Code on the Application of the Provisions of Custody, Guardianship and Inheritance in order to request the rejection of the inheritance in accordance with Article. a power of attorney in accordance with the second paragraph of Article must be empowered in the rejection of the heritage and the heritage of the rejection of the plaintiff file a power of attorney attorney to file a suit for authority to address these shortcomings, primarily because it is understood in the absence of the merits of the case must be entered into our apartment to the above-mentioned principles should be decided according to.
The court, as of the date of the death of the murisin, the decision had to be overturned for the stated reasons, which were not considered correct to establish a verdict in writing by incomplete examination without a clear determination of the debt.
CONCLUSION: For the reasons described above, defendant E.. A.. it was unanimously decided on 05.11.2015 to OVERTURN the provision by accepting the appeals of the deputy, to return the advance fee to the depositor on request, with the way to correct the decision open within 15 days from the notification of the decision.
