THE CASE OF RATIONS DUE TO INHERITANCE
Article of the Relevant Law
Turkish Civil Code No. 4721
“Article 637- A legal or appointed heir may file a ration claim for inheritance, asserting his superior right of inheritance against a person who has a landowner or some landowner’s property.
In this case, the judge also resolves disputes related to the title of heir.
The judge, at the request of the plaintiff, takes all necessary measures to protect the right, such as assuring the defendant or making a comment to the land registry.”
“Article 638- In case of acceptance of the ration case due to inheritance, the goods including the tailoring or the tailoring shall be given to the plaintiff in accordance with the provisions on property ownership.
In the ration case due to inheritance, the defendant cannot claim that he has earned his land property through a statute of limitations.”
“Article 639- The ration case due to inheritance is subject to a statute of limitations starting from the date when the plaintiff finds out that he is the heir and that the bona fide defendant has the land or land in his possession, and probably ten years after the death of the testator or the opening of the will.
The statute of limitations for non-bona fides is twenty years.”
What is the Ration Case Due to Inheritance?
As a ration word, it means asking for rights, claiming rights, and the right is fixed. A ration case is also a case that the real right holder has filed in order to obtain his right.
Fortification proceedings due to inheritance are an eda case filed by the real heir or the heir who has a superior right to inheritance against those who hold the assets of the testator, even if they do not have the right. This case can be filed by legal heirs and heirs appointed by the testator against those who, although they have no right, hold the assets of the testator.
Conditions for Filing a Ration Suit Due to Inheritance
–Having the title of heir
-Filing a lawsuit within the time limit
Having the Title of Heir
This case can be filed by the legal heirs of the testator and the designated heirs who he bequeathed by will. There is no doubt that the appointed heirs are determined by law. For example, the lower Dec of the heir (if his children have passed away, his grandchildren, his wife, his mother, his father …) are his legal heirs, and there is a situation where he has a superior right among them. For example, grandchildren cannot be legal heirs while the children are alive. At this point, a probate document / decree to be obtained from a notary or a Magistrate’s Court is important.
Filing a Lawsuit Within the Period
The statute of limitations for the opening of this case is 639.it is regulated in the article and can be briefly classified as follows.
-Within one year from the date on which the plaintiff finds out that he has the right to file this lawsuit, that he is the real heir,
-Within ten years from the opening of the will (after the death of the testator) (against persons who do not know the true owner of the property),
-Property against malicious zilyet knows or should know that the real owner of twenty years (for example, malicious zilyet who the real owner of the goods, you hand over the property to his son, his son knows that this is contrary to the nature of life status. Therefore, it is assumed to be malicious, unless it proves otherwise.)
It must be opened inside. Otherwise, the defendant party may defer the statute of limitations in the case.
Authorized and Authorized Court
The court in charge of the ration case due to inheritance is the Court of First Instance. The Competent Court is the settlement court of the testator.
Request for an Injunction
It is useful to request an injunction when filing a Ration Lawsuit Due to Inheritance or before it is filed. Because it may be the case that the defendant, the testator, transfers the assets of the wrongful zilyedin, who finds out that this case will be opened, to someone else. For this reason, the court prior to trial or trial of the case in practice regarding the subject merchandise commentary with the petition requested to be put into the court if it considers it necessary, the relevant institution, land, secured on the assets until the case is resolved the case by writing to muzekker may not be sold, non-transferable muzekker to be putting writes commentary.
They Will Be Obtained as a Result of the Lawsuit
In a ration case due to inheritance, what can be obtained or requested as a result of the case is divided into two parts according to the good intentions or bad intentions of the defendant, that is, those who unfairly hold the assets of the testator.
If the Defendant is malicious, that is, if he knows or is able to know the true owner of the property:
It compensates for damages caused to the actual rightholder, and also pays compensation in exchange for products, benefits that it has acquired or may obtain that it has neglected to obtain.
He cannot claim the luxury, useful expenses that he makes on his property. He can claim expenses that are mandatory.
If the asset is damaged or destroyed, it is responsible for this, it compensates for the damage.
If the Defendant has good intentions, that is, he does not have a real right to the asset and does not know or is unable to know the real right holder:
He may ask the plaintiff for mandatory and beneficial expenses that he has incurred for his assets. Luxury can rip off expenses.
It is not responsible for the destruction or damage to its assets. He’ll return as much as he has.
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