What is the Real Rejection of the Inheritance?
MK m.609, according to the heritage of the heirs have the power of discernment and adult unconditional written or oral statements rejecting the heritage Muris final settlement in the direction of the Magistrates ‘ Court heritage inform is rejected. In order for them to exercise these rights, the death of the Muris and the inheritance must have been transferred. This rejection statement is not subject to any form requirements. It is enough to notify the court in writing or orally.
For the refusal of the inheritance, the heir must have an actual driver’s license. Because along with the declaration of refusal, the estate gets rid of responsibility for its debts, while at the same time the right to become an heir disappears. A statement of refusal may also be used by a representative with special authority. A statement of refusal of a full driver’s license is made by a legal representative. For those under guardianship, in addition to the guardian’s statement, the permission of the magistrate or the civil courts of first instance is also required (MK m.463). With the approval of the legal representative for those without a limited license, either he or his legal representative can directly make a statement of refusal. It is accepted that the statement of refusal of limited drivers who have been assigned a legal adviser is valid in the same way as for full drivers. In the goods partnership regime, one of the spouses cannot refuse a product that will enter the goods of the partnership without the consent of the other, and cannot accept it if the property is in debt (MK m.225).
The rejection statement must be unregistered and unconditional (MK m.609). Otherwise, the registered and conditional statement of refusal will be invalid, so the heir gains the inheritance. The exception is MK M.it is the rejection of the inheritance in favor of the subsequent heir, which was held in 614. Hereby, the heirs who refuse the inheritance may request that the heirs who come after them be invited to accept or reject the inheritance before the official liquidation of the inheritance. After that, the arbitrariness of refusal is officially communicated to these heirs. If these heirs do not accept the inheritance within one month, the inheritance is also considered rejected by them, and the inheritance is liquidated in accordance with the bankruptcy provisions(TMK m.614)
How to Make a Denial of Inheritance?
The heir may refuse the inheritance by submitting a statement in writing or orally to the Magistrate’s Court in the last settlement of Murisin(TMK. m. 609) This statement of refusal must be unregistered and unconditional to cover the entire heritage. The inheritance is partially irrefutable. Otherwise, the heir acquires the inheritance.
If the process of refusal of the inheritance has not been the result of error, deception, intimidation, it is not possible to return unilaterally after the registration of the refusal statement by the Magistrate. If the heir makes a statement of refusal as a result of error, deception or deception, a request for cancellation may be made for the refusal process.
At What Time Should the Refusal of the Inheritance Be Made?
For the refusal of the inheritance, the law provides for a three-month period of entitlement reduction. Accordingly, the heir must submit a claim for refusal of the inheritance within a three-month period from the date of his death or the fact that the heir finds out that he is the heir. This refusal request is registered without the discretion of the Magistrate.
The inheritance can be refused within three months. Unless this period proves that they have learned later that they are heirs for the legal heirs, the savings for the appointed heirs will begin to function on the date of the death of the Murisin on the date when they are officially notified (TMK. m. 606). During this period, the inheritance that is not rejected is acquired.
In cases where the official book is kept for another period, the rejection period is regulated as one month (TMK. m. 626). After the end of the book review period, the heir must declare that he has refused the inheritance, that he wants official liquidation, or that he has accepted it according to the book or unconditionally. However, if necessary, the judge may October additional time (TMK. 626). This starts with the notification to the heirs of the call that the Magistrate’s Court, which keeps a tereke book for a period of one month, invites the heirs to the court to explain their decisions about the tereke (TMK m. 626).
The beginning of the periods of refusal of the inheritance occurs in the following ways:
For Legal Heirs: As a rule, for legal heirs, this period begins as soon as they find out about the death of the Heir (TMK m.606). If the title of heir was learned later, this date is considered the beginning. If the legal heir has been left out of the inheritance with savings due to death, the rejection period begins as soon as the heir finds out that this savings has been canceled.
For Appointed Heirs: The period of refusal for appointed heirs is three months (TMK m. 606). This period is achieved by the fact that the Magistrate’s Court of the heirs officially opens the Will and notifies them. For heirs appointed by the inheritance agreement, this period works in the same way as for legal heirs. If a third person is appointed by this agreement, it begins with official notification, as in the will.
Registration of the termite as a Protection Measure: In case of writing the termite as a protection measure, the period of refusal of the inheritance begins with the notification of the writing process by the magistrate for the legal and appointed heirs (TMK m.607).
Transfer of the Right of Refusal to Subsequent Heirs: The right of refusal of the heir who dies without refusing the inheritance passes to his own heirs (TMK m. 608). In this case, the heir who replaces the deceased heir has the right to two rejections. This heir has the right to refuse the inheritance left to him by his own Muris, and he has the right to refuse the inheritance left to his Muris from his Muris. The heir can refuse these two legacies, as well as refuse the inheritance left only to his own Muris. However, the heir cannot refuse the inheritance left by his own Muris and accept the inheritance left by his Muris. Because the first inheritance is passed on as part of the estate of his own Wife, who died without refusing him the inheritance.
Extension of the Period and Granting of a New Period of Time: In the presence of important reasons, the magistrate may extend the period of refusal granted to legal and appointed heirs or grant a new period of time (TMK m.615). There must be a justified reason for this, along with the request.
To Which Court is the Declaration of Inheritance of Refusal Made?
The request for refusal of the inheritance is made to the Magistrate’s Court of the place where the inheritance will be opened. This is the Murisin settlement court. The statement of refusal is registered by the Magistrate’s court of the place of opening of the inheritance in the special register of the court (TMK m.609). The heir who has requested a refusal of the inheritance is provided with a document stating that he has refused the inheritance upon request (TMK m. 609)
Refusal Can the Declaration of Inheritance be Canceled?
As a rule, it is impossible to return from this after the inheritance has been rejected. However, the code of obligations m. 23 et seq. if the heir makes a statement of refusal as a result of error, deception, intimidation, a request for cancellation may be made for the refusal process. The heir will assert the cancellation of the refusal statement through a lawsuit.
Does the Right of Refusal of the Inheritance Fall?
The heir who does not refuse the inheritance within the legal period acquires the inheritance unconditionally and unconditionally (TMK m. 610) An heir who is involved in finishing works as an heir before the expiration of this period, conducts finishing works other than the usual management, or hides or appropriates finishing goods, can no longer refuse the inheritance. The right to refuse inheritance falls in the following cases:
The expiration of the three-month refusal period (TMK m. 606).
The heir who wants to renounce the Inheritance in refusal may make a statement in writing or orally to the Magistrate’s Court of the last settlement of Murisin, as well as send this statement to interested persons (heirs, testamentary creditors, estate creditors).
If one of the heirs interferes in the affairs of the landowner by doing things that are not in the nature of the usual management of the landowner and are not necessary for the execution of the Murisin’s affairs, this indicates that the heir implicitly accepts the inheritance, and the heir’s right to refuse the inheritance expires (TMK m. 610). It is determined according to the nature of the transaction whether these transactions are normal or not.
In order to prevent the expiry of the statute of limitations and rights reduction periods of the Murisin, filing a lawsuit or applying for a forced enforcement method does not eliminate the right of refusal (TMK m. 610/ll). Since the purpose here is to protect the interests of the landowner, even if the heir is involved in land registry affairs, the right of refusal does not fall. Again, according to the Supreme Court, obtaining a certificate of inheritance cannot be qualified as interfering in the affairs of a tereke, and this action does not mean implicit acceptance of the inheritance.
The granting of a widow’s or orphan’s pension by the social security institution cannot be considered as interfering in the affairs of a tereke. Receiving a widow’s or orphan’s salary does not lead to a reduction in the right of refusal. The Supreme Court has stated that the compensation for ”deprivation of support” is independent of the title of heir, and the fact that the inheritance has been rejected does not prevent this compensation from being claimed.
The fact that the heirs are involved in the affairs of the land registry office will be evaluated by the judge according to the characteristics of the concrete event, that is, the work done by the heir in relation to the land registry office. In this way, it will be revealed whether there is an implicit acceptance or not.
If one of the Heirs hides or hides the property belonging to the estate during the rejection period, the heir’s right of refusal is reduced, and the heir is deemed to have accepted the inheritance (TMK m. 610). The person who committed this act must know that he is the heir and act deliberately.
