TO THE CIVIL COURT OF MAGIC
Plaintiff:
TURKISH IDENTITY NUMBER :
ADDRESS :
ATTORNEY:
(Legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANTS: 1-
2nd-
ADDRESS :
SUBJECT : Request for Elimination of Stakeholders in the Real Estate
consists of.
DESCRIPTIONS :
1- Our client, together with the defendants, has built a two-storey summer house on the immovable registered in the title deed in the subject of the lawsuit … City, … District, … District, … Island, … Layout, … parcel. (Appendix 1) There is also a wooden house and cherry orchards on the immovable, the area where our client built the building and other parts are used as if they were actually divided among the stakeholders. While the real estate has been used by all stakeholders without any problems for years, after the construction of the house was completed, other stakeholders started to cause problems in terms of use, and the continuation of the partnership became unbearable for our client.
2- The heirs do not have the opportunity to share the immovable by agreement. In addition, it is not possible to distribute the said real estate to the heirs registered in the Land Registry, in proportion to their shares.
3- It has become necessary to apply to your court to ensure that the immovable is divided exactly, if possible, and if it is not, to decide on the dissolution of the partnership through sale, provided that the cost of the assets is left to the client.
LEGAL REASONS: 4721 S. K. m. 698, 699, 6100 S. K. m. 4, 12, 316
LEGAL EVIDENCE: Certificate of Inheritance, Kocaeli 3rd Civil Court of Peace decision dated 2019/1582 E. 2020/1047 K. and 7/10/2020, Land registry records, discovery, expert examination, witness statements, other legal evidence.
CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request on behalf of our client that the partnership in the immovable property be resolved primarily through distribution, if it is not possible, through sale, provided that the value of the building is left to the client, and that the court costs and attorney’s fees be charged to the parties in proportion to their shares. …/ …/ …
Plaintiff’s Attorney
Hunting.
