What is the Denial of Inheritance? how is it done?
If the inability to pay on the date of the death of the muris is clearly defined and officially determined, the inheritance is considered rejected (TMK m. 605/ll). There is no need to explain any will if there are conditions in the rejection of the provision. In this case, there is no time limit for acceptance and rejection. The determination of this can be requested from the court at any time, as well as it can always be put forward in the lawsuits filed by the tereke creditors.
In case of a formal refusal, the heirs will receive the land as a whole with the opening of the inheritance, but this win is temporary. The heir is not obliged to declare that he refuses the inheritance. As a presumption, it has been accepted that the heirs refuse the inheritance if they spend the rejection period in silence (TMK m. 605). Since the refusal is considered a presumption, the heirs do not need to make a statement for the refusal. However, the heir may make a declaration to the Magistrate’s Court to prevent future disputes.
The conditions for the refusal of inheritance are as follows:
At the time of Murisin’s death, he was unable to pay his debts and it was clear that he was unable to pay,
Or that the loser has been officially identified without paying his debts.
In the presence of these conditions, it is accepted that the heirs reject the inheritance as a presumption. For this, they also do not need to make a statement to the Magistrate’s court in this direction. But there is also no obstacle to filing a lawsuit and being identified. Heirs may assert a denial of judgment as a defense in cases filed by the creditors of the land registry office against them due to the debt of the murisin. This appeal can be examined and decided by the court in the form of an incident, as well as the heirs can be given an appropriate period of time to prove their claims in this regard. This is also the direction of Article 68/IV of the Executive Bankruptcy Code. In this way, in the proceedings or enforcement proceedings filed against the heirs, the heirs may assert the denial of the Provision as an appeal. For this, the heir will be given an appropriate period of time to bring an order on this issue. The Executive Court is not authorized to examine this objection.
The court in charge and authorized for the cases that will be opened by the heirs in order to assert a denial of judgment in the proceedings that will be filed against them due to the arrears and to determine a denial of judgment in the future shall be determined in accordance with the relevant articles of the HMK. Accordingly, the Competent Court is the settlement court of the defendant’s termite creditor who is following up on the date the case was filed. The Court in charge is the Court of First Instance.
