T.C. SUPREME
- Law Department Article No:2016/5739
Decision No :2016/10025
Date of Decision: 03.11.2016
The Decision of the Supreme Court
COURT: Magistrate’s Court
In the dec between the parties …. Magistrate and … 8. Lack of jurisdiction by the Magistrates’ Courts separately
all documents in the file sent to determine the place of jurisdiction due to the decision being made
examined, considered necessary:
The case concerns the request to issue a certificate of inheritance.
… According to the Magistrate’s Court, murisin and the heirs are foreign citizens (Greek citizens),
Muris of …. 6. The Decision of the Magistrate’s Court No. 2012/347- 2012/560 on the Basis of Sale and
Receipt of the amount of murisin’s share from the sale with the sales file of his official office 2013/98
for the purpose of work, this case has been filed, the real estate subject to the partnership removal case….located in l, it is
in the case of MÖHUK’s 20. in accordance with the article, the Istanbul Courts are authorized to issue a certificate of probate
an unauthorized decision has been made on the grounds that it is.
… 8. The Magistrate’s Court, on the other hand, determines that the final authorization rule in cases of issuing an inheritance certificate
if there is no objection to the authority of the parties, the court cannot issue an unauthorized decision if
he has decided to be unauthorized on the grounds of.
According to the scope of the file, the dispute requires the issuance of a certificate of inheritance belonging to one of the plaintiffs’ muris
were understood to be related.
The inheritance claim is a temporary 3/2 of HMK No. 6100. article 382 of the HMK. in the article uncontested
384, counted from judicial affairs. in the article, unless there is a provision to the contrary in the law, non-contentious jurisdiction
the place of residence of the person or one of the interested persons who has submitted a request for their work is the court authorized,
HMK’s 11/3. in the article, the cancellation of the certificate of inheritance and the issuance of a new certificate of inheritance
it is noted that the court of the place of residence of each of the heirs is also authorized in the cases. Make this
according to him, since there is no strict authorization rule in cases of issuing an inheritance certificate, the first case in which the case is filed
the court is…. It must be considered and concluded in the Magistrate’s Court.
CONCLUSION: For the reasons mentioned above; HMK No. 6100 has 21 and 22. according to the articles…. Peace
On 03/11/2016, the Court of Law was unanimously DESIGNATED AS THE PLACE OF JURISDICTION
it was decided.
