What is the Heritage Case?

Deceased may prevent his heirs from taking their share of inheritance with his savings before his death. Or, there may be reasons to cancel the death-related savings that the inheritor has done before his death. To prevent the inheritance of the heirs of the property is to miss goods.In this case the heir can sue action for reduction. This issue is not regulated as inheritance case in the law, but It is arranged under the title of action for reduction case .It is very important to determine whether the forced heir heir who will open the case before opening the action for reduction case is a heir with a hidden share.If the action for reduction case is not opened by forced heir the case of the inheritance case will result in rejection. If the case is subject to the provisions of the Turkish Civil Code, the forced heirs are the surviving spouse, the descendants, father and mother.

If decedent died between the dates 01.01.2002 and 10.05.2007, brothers of the deceased are forced heir. If decedent died after the date of 10.05.2007, the brothers will not be able to open action for reduction case.

If the legacy has passed away on 01.01.2002 or later, then the inheritance case shall be seen and adjudge in accordance with the Turkish Civil Code. The calculation of the net succession in the reduction calculus is important. When the reserved portion are removed from the net succession, they can save as much as they wish on the remaining assets.

In the case of transfer of immovable property to third parties in the near future, the inheritance case can be filed as a case of deceased collusion. For example, for girls to don't take from heritage or receive less this situation is often encountered;and then the daughters are claiming inheritance.

Finally, it is important to note that the date on which the deceased has died is very important in terms of determining the law to be applied during the inheritance case.If a deceased has died after a certain date, the Turkish Civil Code will apply;if a deceased has died before a certain date , Old Turkish Law Civilization will apply. The provisions of these two laws are different from each other, and especially the statute of limitations, such as the determination of the inherited heirs contain different provisions on issues.

How to Open the Heritage Case?

First of all, it is necessary to explain the preparations that should be made before the opening of the case. Because before the case of inheritance, the competent court should be determined, the heirs should be determined and the residence addresses of the heirs should be determined. It is important to determine the notification addresses as all the heirs will be presented as parties in the case.A lawyer interested in inheritance lawsuits on these issues will provide you with the most appropriate way to get the result you want.

In Which Court Of The Heritage Case To Open?

Before the case of inheritance is opened, it is necessary to determine the address of the deceased. The court of jurisdiction is the court of jurisdiction where the competent court is responsible for the cancellation of the title deed and the filing of the lawsuit due to the muris case.The court in charge of the cancellation of the deed and registration proceedings is Civil Court of First Instance .

The action for reduction case can be opened in a court in the last settlement of the deceased.The court for the action for reduction case is the Civil Court of First Instance.

How long will inheritance case take?

In the process of inheritance, the will of the inheritor must be investigated. In other words, the court does research on whether the real will of the inheritor is a donation or a sale.The traditions and customs of the living place, inter-family relations, the economic power of the defendant and the inheritor will be investigated during the inheritance case.

The answer to the question of how long it takes to inheritance case : it depends onthe amount of the assets of the heiress,the duration of the determination of the residence address of the heirs,the workload of the court where the case was opened, whether the case is followed by a lawyer.In general, however, the case is concluded within 1-2 years. Google Adobe W3