T.C. SUPREME COURT DECISION
14.law office
Base: 2015/12937
Decision: 2016/2555
Date of Decision: 01.03.2016
REQUEST TO ISSUE A CERTIFICATE OF INHERITANCE – DECEASED’S POPULATION REGISTRATION INFORMATION AND ADDRESS HAVE NOT BEEN INVESTIGATED THESE ISSUES HAVE NOT BEEN ASKED BY THE LAND REGISTRY OFFICE – THE PROVISION HAS BEEN BROKEN
ABSTRACT: It is undoubtedly necessary to determine the population records and addresses of Deceased’s and his heirs and to use all means to obtain this information. However, the court did not investigate the population registration information and address of the Deceased’s by bringing the land registry records and the underlying documents, the contract table of the real estate owned by the Deceased’s, and these issues were not asked by the Land Registry Office. If there is real estate belonging to Deceased, the title deed record and the basis of the documents are also claimed to be Deceased’s brother….the population records showing the lower and upper lineages of the must also be brought in and a provision should be established according to the result, while the decision to dismiss the case was not considered correct, so the provision had to be overturned.
(4721 Pp. K. m. 30)
The case and the verdict: plaintiff, by counsel, issuance of Certificate of the inheritance given on the day 25.03.2015 at the end of the hearing on the petition with a request; provision given for the rejection of the case examination as requested by the Supreme Court of the plaintiff’s attorney 10.07.2015 blog, but apparently decided upon the adoption of the petition of Appeal has been resolved by examining all the papers in the file and:
The case concerns the request to issue a certificate of inheritance.
Deputy plaintiff, Deceased ….he claimed and sued that he died single and childless on 10.03.1963, that he was a grandson of Deceased’s brother …’s son… and that the probate order was removed.
According to the court, the Deceased’s brothers and sisters as his heirs….,…., …., .. and … where … remains… the District Population Directorate suffered a fire before 1955, records were created in 1956 by local spelling, registration records before 1955 (death, marriage, divorce..etc.) and Deceased’s brothers…,…. and….it is impossible to access the population records of, from witness statements….even if the heirs of the can be identified, … and ….it is understood that they do not have information that he passed away single and childless, so…. and….it is understood that no evidence other than the plaintiff’s abstract statement that he died single and childless was submitted to the file by the plaintiff, and no record of the heirs was reached by the General Directorate of Population and Citizenship by writing an answer, so the case was decided to be dismissed on the grounds that it could not be proven.
The decision was appealed by the deputy plaintiff.
Article 30 of the Turkish Civil Code No. 4721. in accordance with the article, it is explained that birth and death can be proved by records in the population register, if there are no records in the population registers or if it is understood that the found record is not accurate, the real situation can be proved by all kinds of evidence. In our law, the principle of preparation by the parties in cases subject to disputed jurisdiction applies and depends on the requests of the prevailing parties. The judge has to decide by being content with the events claimed by the requesting parties and the evidence he has put forward. In cases subject to non-contentious jurisdiction, the re’sen research principle dominates. Decisions made in cases filed without damage and subject to non-contentious judgment do not constitute final judgments, and these decisions may be amended or eliminated as a result of an annulment lawsuit to be filed.
In the concrete case, it is undoubtedly necessary to determine the population records and addresses of the Deceased’s and his heirs and to use all the means to obtain this information. However, the court did not investigate the population registration information and address of the Deceased’s by bringing the land registry records and the underlying documents, the contract table of the real estate owned by the Deceased’s, and these issues were not asked by the Land Registry Office. If there is real estate belonging to Deceased , the title deed record and the basis of the documents are also claimed to be Deceased’s brother….the population records showing the lower and upper lineages of the must also be brought in and a provision should be established according to the result, while the decision to dismiss the case was not considered correct, so the provision had to be overturned.
Conclusion: For the reasons described above, it was decided unanimously on 01.03.2016 that the plaintiff’s appeals should be accepted and the provision should be OVERTURNED, and the fee deposited in advance should be returned to the depositor upon request
