T.R. SUPREME COURT
- Law Office
Basis: 2015/16277
Decision: 2016/2733
Decision Date: 03.03.2016
REQUEST TO PROVIDE A CERTIFICATE OF HEIRING – INVESTIGATION OF THE HEIRS OF THE SUSPECT AND THE INVESTIGATION SHARES – THE PROVISION NEEDED OVER
SUMMARY: The case is about the request for the certificate of inheritance. In the concrete case; According to the population records in the file, the deceased left his wife … as heir with the death of …. It was understood that there were no mother, father and sibling records of being from… In accordance with the legal regulations explained above, the court must determine the heirs and inheritance shares of the testator, taking into account the provision of the Turkish Civil Code article. It was not considered right to make a judgment without considering the stated matters, so the decision had to be reversed.
(743 S. K. Art. 517)
Lawsuit: At the end of the hearing held upon the request of the plaintiff’s attorney to give a certificate of inheritance with the petition submitted on 05.03.2015; After the decision of the Supreme Court of Appeals regarding the acceptance of the case, dated 20.10.2015, was requested by the plaintiff’s attorney, after the decision to accept the appeal petition, which was understood to be in time, the file and all the papers in it were examined and considered necessary:
The case is about the request for the certificate of inheritance.
The plaintiff’s attorney stated that the deceased of his client’s death on 21.04.1967 died without children, his wife … died on 13.04.1974 without children, that the deceased’s wife İ.’s brother …(T.) was the mother of his client. demanded the inheritance document showing the heirs of the inheritor and the inheritance shares.
The court decided that the inheritance of the deceased … is accepted as a share … and the remaining share belongs to the descendants of his dead siblings, with the condition that the right of the beneficiaries from the parents’ side to file a claim for compensation is reserved.
The judgment was appealed by the plaintiff’s attorney.
Inheritance and inheritance are determined by the legal situation in force at the date of death of the testator.
Article 517 of the Civil Code of the Turkish Law No. 743 states that “Inheritance will be opened by death”, in Article 439, “First degree heirs are descendants of the deceased”, and in Article 439/1, “Children who died before the inheritance will be replaced by their descendants through succession at all degrees,” 444/2 In the article, it is explained that “If the surviving spouse is the heir with the mother, father or their descendants, he/she will have the usufruct right of half of the inheritance together with the property at the rate of 1/4, and if these do not exist, he/she will have the ownership of the entire inheritance”.
In the concrete case; According to the population records in the file, according to the reply of the General Directorate of Population and Citizenship Affairs dated 02.07.2015, the deceased … left his wife … as heir, with his married and childless death on 21.04.1967, and his wife passed away on 13.04.1974. It has been understood that there are no mother, father and sibling records of being dead….and being from the dead……, advertisements were made in the newspaper pursuant to Article 594 of the TMK, and in the witness statements it was stated that …’s mother, father and sibling did not exist. In accordance with the legal regulations explained above, the court must determine the heirs and inheritance shares of the testator, taking into account the provision of Article 444 of the Turkish Civil Code No. 743. It was not considered correct to make a written judgment without considering the stated matters, and therefore the decision had to be reversed.
Conclusion: For the reasons explained above, it was unanimously decided on 03.03.2016 that the appeals be accepted and the judgment be OVERFINED and the cash fee be returned to the depositor upon request.
