Has A Request For Injunction
ADANA COURT OF FIRST INSTANCE ON DUTY
Subject: it consists of the annulment of the will of deceased and the request to be decided upon if it is not.
……. 1. For the opening of the will in the form of regulation of the notary public dated 04.08.2015 and numbered 1581………… 2016/198 E. of the Magistrates Court 2016/363 K. His case has been appealed by us and is still in trouble. Because the client lives abroad, he was only able to receive the notification. The client was not able to attend the hearing on the opening of the will, but appealed the decision and was legally aware of the will in question.
Your client’s deceased died on 04.05.2016. As the legal heirs left behind; his wife ….., kids ……….., ……….. and ……….left click. In the will filed after the death, in our opinion, there are violations of the law and procedure and they must be canceled. References;
Deceased’s 13.04.2016 in the will filed in his own name,…… province ……….. County…….. mah. 291 islands in 26 parcels of land, including 1/2 of the House’s own shares after his death ………… 1/2 and ………… it turned out that he had left. In the will, as a reason for this, “these two daughters have taken care of us so far, they are the ones who show US interest and possibility.” expressed in the form of.
The will in question is a momentary resentment of Deceased’s anger and other heirs ……. and ………… it is clear that he gave it with pressure. Deceased is a person who receives a pension from both abroad and Turkey. Again, other heirs also reside abroad. Deceased has long lived on his own two feet in Turkey. As can be seen from this situation, deceased has not been in a state of disrepair. He did everything himself. Deceased said that while he was ill before his death, he wanted to return from this will and regretted it. But the client has now found out about this stop. Again, there is a Will/savings (oral or written) that we assume exists in the wife of deceased, who is again the legal heir, that deceased has returned from the will in question. Therefore, the will subject to this case is invalid.
In addition, when we look at the will that was edited, the report that Deceased’s mental Angels were sufficient was taken from the family doctor. This report does not apply. It should not be discredited. Deceased has undergone heart surgery. It is a well-known scientific fact that post-operative sensuality increases in people undergoing heart surgery. A report describing deceased’s emotional state, which was in a moment of anger and pressure from my sisters, had to be taken from a full-fledged state hospital, especially a delegation including a psychiatrist.Dec. Otherwise, the report does not indicate deceased’s mental state or mental weakness. Therefore, the Will issued without the report we are talking about is irregular in form, as well as incomplete and crippled in nature. Also, when we examine the will, it will be clear that deceased is illiterate. Witnesses in the Will must testify that deceased was both illiterate and emotionally illiterate and left the above-mentioned property to only his two daughters as he was in a state of mental health. Therefore, we demand that the witnesses in the will be invited to a hearing by your court and listened to in these matters.
The defendants allowed such an action to take place in his favor by driving him to error by using the reasons that crippled deceased’s will, which we have explained above. Because there is no reason why deceased should deprive his other heirs of this, leaving the entire house mentioned above to only his two daughters. deceased’s will was mutilated by the defendants and deceased’s wife, and they carried out this process by misleading deceased’s. In this inherited house, the defendants and deceased’s wife still reside. Again, the defendants use all the items in this house that deceased left behind. The plaintiff did not even receive any personal items that reminded him of his late father. The plaintiff client has also been victimized in this case and asks for his share of the property left over from his late father.
In addition to the reasons we provide, the plaintiff client has hidden shares that they will receive from the inheritance and are protected by law. For this reason, this will also encroaches on the reserved shares of the plaintiff client, and therefore the Will must be annulled.
For these reasons, we are obliged to apply to your court for the cancellation of the memorial will and, if not, the tenkis.
Legal reasons: Turkish Civil Code, Code of Civil Procedure and other legislation
Subsequently can be obtained legal evidence and counter-evidence report, without prejudice to the right to civil register of probate decree hospital records, doctor’s notes and recipes, ……… Journal number and date of 1581 notary 04.08.2015 Editing in the form of a will, Deed recording, witness statements, ………… Magistrates ‘ Court 2016/198 B. 2016/363 D. his numbered file, oath, expert and all kinds of evidence.