..FAMILY COURT
prosecutor :
attorney :
DEFENDANT :
subject :
descriptions :
In accordance with the attached power of attorney, we have plaintiff attorneys.
It is registered by the defendant in the title deed in the name of the surrogate.. Ili, . The district is, ..His neighborhood, .. Name, ..Registered on the parcel …Kat (..) on 23.11.2010, an independent part of the residence … with the Evmiye number, a Family Residence Comment was processed on the residence.(October-1).The defendant has unjustly and maliciously placed a Family Residence Comment on the immovable property. Due to the fact that the dwelling has lost its family housing character, it is necessary to remove the annotation. That is to say;
A Family Residence is defined as a movable or immovable place that the spouses constantly choose to use to eliminate the “need for joint residence in a place” that makes it necessary for them to maintain a common life during the continuation of the marital union, suitable for use as a dwelling.
Defendant .., Antalya on 20.10.2009.. .Family Court 2009/.. E. she has filed for divorce with her numbered file and the case is still ongoing. The defendant left the common residence after the divorce case he had filed and started living in another house. If the defendant’s residence is still registered at the common residence address, it will be seen that the house is empty and no one lives in the residence with a determination to be made in this regard.
Placed in housing commentary, the respondent/wife filed for divorce in open, public housing, leaving one of the houses being in a different house and family living family living in the daily life in a public place and sustains the housing of choice for use in continuously, eliminating the need for the distinction of being lost.
In addition, the immovable property in question is an immovable property that was transferred to the acting plaintiff together with other legal heirs (mother and brother) on 29.01.2010 as a result of the death of his father. The plaintiff became the owner by transferring only 3/8 of the real estate to the owner. TMK has 194. in accordance with the article, in order for the land registry of real estate that is a family residence to issue a family residence comment, it is mandatory that this residence belongs to one of the spouses. Even if an immovable property belonging to a third party is used as a family residence by spouses, a family dwelling cannot be annotated in the land registry in such a way as to limit the right of the third person who has the right to own the property on this immovable property. However, provided that the spouse is a resident of the house in which he is a shareholder by inheritance, the family residence commentary may be processed on the inheritance share.
Each peer within the legal limits of their own personal property and possessions to manage and enjoy them while you have the right to dispose of the defendant’s commentary on immovable property immovable who is surrogate family housing stock and the other owners who have strictly on the plaintiff (the plaintiff’s mother and sister), put in order to protect the rights of immovable savings on making is a process that is made in bad faith.
The subject matter of the case the defendant who is immovable assets acquired by inheritance inheritance in proxy and TMC due to the fact that they cannot be classified as personal sharing, therefore, the continuation of the defendant’s due to divorce, if deemed necessary by the court pending the outcome of your divorce, the number of court made a decision that we hope to communicate your combo prejudicial issue of this case.
For the reasons described, the defendant have filed for divorce, leaves the common residence, the home that the family residence and family does not reside in one of the houses being processed commentary for reasons such as the nature of the loss of the family’s residence residence also be the responsibility of the plaintiff by way of a stock that only certain immovable heritage, inheritance of acquired by the personal cost to join the group and share an inability to have on your property, each spouse the right to dispose freely of their personal and immovable property should not belong to the plaintiff whole again, since there are also third parties (other heirs) who have rights, and other rights holders have limited their right to save, it has been mandatory to open this case to decide on the removal of the family residence comment placed on the immovable property.
THE EVIDENCE :
The Family Residence is Annotated..Province a, .. The district is, .. His neighborhood, .. Name, .. Registered on the parcel …Kat (..) October independent section land registry of the residence (ANNEX-1), Inheritance Decree (ANNEX-2), Antalya. Octobers1, Octobers2, Octobers2, Octobers2, Octobers2, OCT..Family Court 2009/.. E. numbered dossier, deed of residence of the parties, witness statements and all other kinds of legal evidence.
CONCLUSION-PROMPT :
For the reasons described and officially taken into account, we reserve additional and other legal rights, provided that;
Antalya Province, .. The district is, . His neighborhood, .. Name, .. Registered on the parcel …Kat (..) independent section no. on the abolition of the Family Residence Comment placed on the residence,
We would like to leave the trial expenses and the power of attorney fee on the defendant and make a decision by proxy.
Best regards.23.02.2011
Deputy Plaintiff
