Petition for Tenkis Case

Tenkis Statement of Law 1

ADANA WATCH TO THE JURISDICTION OF THE CIVIL COURT OF FIRST INSTANCE

PLAINTIFF:

CHAIRMAN:

DEFENDANT:

SUBJECT: Tenkis Case.

HARCA BASE VALUE: 1.000,00 TL

VAKIA are:

1- My clients are the heirs of the late Ahmet.

2- My client's murderer, with his will dated 21.06.2005, left the subject immovables to his beloved and privileged sons while he was alive.

3- Although it was seen that the will opened upon the death of the legator was duly drawn up, it was observed that the legal rights of my clients had been violated in the will, and if the reserved share (reserved share) was not exactly the same, it was obligatory to apply to your judicial body for a demand for monetary compensation with interest.

LEGAL REASONS: TMK 506,560,561,564,571 art.

EVIDENCE: Certificate of inheritance. Deed records Will, witnesses (will be notified if the honorable court deems it appropriate), court decision on the opening of the will, expert (will be notified if the honorable court deems it appropriate), discovery (will be notified if the honorable court deems it appropriate), all kinds of verbal and written legal evidence.

NETİCE AND DEMAND: Taking into account the evidence to be substituted during the trial for the reasons presented above, I submit by proxy the client's requests regarding the cancellation of the infringed portion of the reserved share or the decision to charge the attorney's fees to the defendants, with the request of the cancellation of the infringed portion or the interest of the price, while keeping our rights regarding the infringement of the reserved share and the surplus. .

Attorney Attorney

Tenkis Statement of Law 2

ADANA COURT OF LAW

Plaintiff: (inheritor)

Defendant: (donor)

Konu: tenkism

Descriptions: 1. Caner, who left a legacy, died on 20.05.2017. Although he donated the immovable property number 33, parcel no. 52 to the defendant, he showed it as a sale in the deed. The defendant has no purchasing power.

2. I have learned this situation from the title deed record. I have not received my hidden share. My inheritance has infringed my hidden part through collusion.

3. Pursuant to Article 560 of the TMK, it has been heard that this lawsuit has to be filed against the defendant.

4. I will prove that my hidden part has been raped.

Legal Reason: TMY 560 and its continuing articles.

Evidence: 1. Population records,

2. Inheritance certificate,

3. Title deed records,

4. Witnesses,

5. Discovery and expert review,

6. Any other legal evidence.

Result and Request: Since it will be understood that the reserved share has been violated by the necessary examination and trial, I respectfully submit and request that the defendant decide to collect 12 TL, together with the costs, in the absence of the acceptance of the request for criticism and the cancellation of the title deed registration of the immovable no. 11 in proportion to the share numbered 13 and the cancellation of the title deed registration of no.

Plaintiff (heir)

Tenkis Statement of Law 3

ADANA NEBETÇİ TO JUDICIAL COURT OF LAW

MEASURE IS DEMANDED

Plaintiffs:

CHAIRMAN:

Defendants:

D. SUBJECT: Tenkis (Tenkis of testament - testamentary disposition)

D. VALUE: Without prejudice to our rights regarding the excess of 10.000,00 TL (Expenditure is the main value, the actual value will be determined by discovery and the fee will be replenished)

DESCRIPTIONS

1. The fathers of the clients passed away on 12232 with the ID number 01.01.2016, Ahmet. The testator of the clients had a will prepared in Adana 1st Notary Public, on 03.10.2015, with the journal number 1231. The will is attached to our petition. (Annex 1)

2. With the will of Adana 1st Notary Public, dated 03.10.2015 and numbered 1231, the testator left all his property and estate to his sons, who are the defendants. The testator does not have any assets other than the assets specified in the will.

3. The clients became aware of this will when the will was opened and read at the hearing of the Adana Civil Court of Peace file numbered 2015/644 on 09.02.2016. Therefore, as of 09.02.2016, the clients learned that their reserved shares were violated and their reserved shares were damaged. The minutes of the hearing dated 2015 of the file numbered 133/09.02.2016 of the Adana Civil Court of Peace is attached to our petition. (Annex-2)

4. It is clear that the reserved shares that the clients are entitled to receive from the testator have been violated, and it will be determined whether there are other assets belonging to the testator other than the property subject to the testament, with the determination of the inheritance of the testator.

5. It has become mandatory to apply to the esteemed court in order to remedy the grievances of the clients and to receive their reserved shares. It has become necessary to open this lawsuit for the collection of the reserved share belonging to the clients from the defendants.

LEGAL REASONS: MK. , BK. , HMK. and other legal regulations

EVIDENCE: The will of the Adana 1st Notary dated 03.10.2015 and with a journal number 1231, the file content of the Adana Magistrate Law Court no 2015/133, the whole file content, the title deed record, traffic record, bank records, estate detection, birth record, witness, expert examination, discovery, oath and other legal evidence

REQUEST AND CONCLUSION: For the aforementioned and the reasons we will reveal during the trial; First of all, in order to prevent the transfer and sale of all the assets in the estate of the testator, I request, by proxy, on behalf of the clients, to put an annotation that cannot be sold or an annotation of the defendant, to collect the reserved shares belonging to the clients from the defendants, to charge the trial expenses and fees to the defendants.

Annexes: 1. Will at Adana 1st Notary Public dated 03.10.2015 and with journal number 1231, 2. Minute of hearing dated 2015 of Adana Civil Court of Peace file numbered 133/09.02.2016, 3. Power of Attorney

Attorney Attorney

Tenkis Statement of Law 4

ADANA WATCHING TO THE COURT OF FIRST INSTANCE

Plaintiffs:

ATTORNEYS:

Defendants:

D.KONU of: It consists of the determination and criticism of the Savings that infringe on the Hidden Share and our demand for the collection from the defendants. (10.000,00 TL in terms of tuition)

DESCRIPTIONS:

1- Our clients' father, Muris Ahmet, passed away on 25/08/2015.

2- During his lifetime, the deceased prepared the will of the Adana Notary Public, dated 12 and numbered 13. Due to the death of the testator, this will was read with the file numbered 13 of the Adana Civil Court of Peace.

3- With the will of Adana Notary Public, dated 12 and journal no. 13, the testator bequeathed the entire flat he owned in parcel no. 11 to his daughter Ayşe, who is one of the defendants.

4- However, in terms of the immovable values ​​of the testator, which are the subject of his will, it constitutes almost all of his assets. Other immovables registered in the name of the decedent are multi-share immovables and their value is very low. For this reason, the testator has deprived our clients, who are legal heirs, of inheritance by making the said will, and the reserved share of our clients has been clearly violated. These issues we present will be revealed with all our evidence and the discovery to be made during the trial and the expert report to be issued.

LEGAL REASONS: Relevant legal legislation.

SUBUT EVIDENCE: The will of Adana Notary Public, dated 12 and numbered 11, file numbered 15 of Adana Civil Court of Peace Judgeship, population records, certificate of inheritance, title deed records of the immovables subject to the lawsuit (by summons from the relevant land registry offices), cadastral records, witness statements (witness names will be announced later), discovery and expert examination and all other legal evidence and documents that can be substituted.

RESULT: For the reasons we have presented above, without prejudice to our claims and litigation rights, I respectfully submit and request the acceptance of our case, the determination and criticism of the reserved shares of the clients and the collection from the defendants, and the decision to charge the court expenses and fees to the defendants.

Attorney Attorney

Tenkis Statement of Law 5

ADANA MINISTRY OF LAW

ADVERTISING

Measure is Demanded

Plaintiff:

Deputy:

Defendants:

Case Value: Provided that all our rights regarding the surplus are reserved, to increase or decrease in the future, 10.000-TL for now.

Konu: First of all, the precautionary measure in terms of not transferring the immovable property subject to the lawsuit to third parties is the Cancellation of the Sale of the immovable in proportion to the shares of my clients due to the Delegate Collusion, and its registration on behalf of my clients, if this is not possible, our request for criticism.

Descriptions

The client and the defendants are the heirs of Ahmet, who died on 12. The inheritance certificate of the relevant Adana 2nd Notary Public dated 25.9.2013 and numbered 16310 is attached. The client is the second wife of the inheritor Ahmet, and the other three heirs are the children of the inheritor's first wife.

Inheriting Ahmet Sağken intervened in the client's reserved shares in the inheritance in order to leave more assets in favor of his children from his first wife, and he moved the immovables whose title deed information is given below. The defendant transferred the title deed to his 3 children. The client has never heard of this transfer. However, when the inherited property could not be shared with her consent, she had just learned that her husband had transferred his former high-value assets to the defendants in this way, while he was attempting to take legal action to file a lawsuit. A case of criticism has been filed together with the case of izale'i şüyu brought to the Adana Civil Court of Peace.

The immovables that the inheritor Ahmet transferred to the defendant's children by decreasing the client's reserved shares in the inheritance before his death; Adana District, Adalet Village, 13 Block, 12 parcel numbered immovables.

Regarding these immovables that the inheritor has transferred to the defendants in order to smuggle property from the inheritance, a deed cancellation and registration based on this collusion of inheritance and a criticism case has been filed in order to take back the client's reserved shares.

During the trial, we also have a request for measures to be imposed to prevent the transfer of the immovables subject to the case to third parties. The client, who does not have any assets and is removed from the inherited property by other heirs, is still sitting in the lease. For this reason, it is necessary to demand that the measure to be taken be appreciated without any guarantee. Otherwise, as the plaintiff does not have the opportunity to deposit security, the defendants may have the opportunity to seize property.

Legal reasons: MK, HMK and other relevant legislation.

Evidence: Title deed records, certificate of inheritance, birth records, discovery and expert examination and other legal evidence.

Result and Request: Based on the reasons presented above, with the acceptance of our case, cancellation of the title deed registration of the reserved shares of the sale made due to the immovables numbered 12 in Seyhan District, Adalet Village, parcel number XNUMX, which was abducted from the client's hidden share in the inheritance due to collusion, and registration in the name of the plaintiff; if this is not possible, the fair value of the hidden shares of the plaintiff abducted from the inheritance shall be taken from the defendants jointly and decided to be given to the plaintiff; to take measures to prevent the transfer of the immovable property subject to the lawsuit to third parties without guarantee during the trial; On behalf of the plaintiff, we respectfully submit and demand that all litigation expenses and attorney's fees be borne by the defendants.

Acting Attorney

Tenkis Statement of Law 6

ADANA MINISTRY OF LAW

ADVERTISING

MEASURE IS REQUIRED.

PLAINTIFF:

CHAIRMAN:

Defendants:

CASE: It is the request that all other rights, including the cancellation of the title deed and the money that should be included in the estate, be taken from the defendants in proportion to the inheritance share of the plaintiff and given to the plaintiff together with the interest to be processed.

LEARNING DATE:

1- The defendants and the plaintiff client are brothers and all siblings are the legal heirs of their father Ahmet, who died on 05.11.2006, and their mother, who died before him on 14.10.1994.

2- Upon her mother Ayşe's verbal will, an apartment that belonged to her was transferred by the defendants after her death, and also, before their father's death, she sold many shops and flats in the Adalet business center located in plot number 12, and gave the sales prices directly and in cash to Mehmet and the other defendants.

3- After these transfers, the real estate records still registered in the name of the deceased are as follows: (You can write the existing immovables here.)

4- As far as we can determine at this stage, there are independent sections registered in the name of the defendant, which were bought with the money given to him by his father or transferred directly, and his father also bought a car while he was alive, this car was sold later, and it was also owned by a commercial vehicle with a high plate value. taxi is available. In addition, this defendant has a large amount of cash savings, which we guess is in Vakıfbank and Ziraat Bank. (We demand that all bank records be investigated and determined.)

5- As far as we can determine at this stage, there are independent sections numbered 12, which were bought with money belonging to their father or registered in the name of the defendant, who were directly transferred, and there is also a house registered on which he currently resides, which was bought by his father while he was getting married.

6- As far as we can determine at this stage, there is an independent section numbered 13, registered in the name of Ahmet, which was bought with money belonging to his father or directly transferred, and there is also one commercial taxi with high license plate value registered in the name of the defendant, which was purchased with the money given by his father.

7- As far as we can determine at this stage, there are 11 independent sections, no. 2, built by the contractor on behalf of his fathers, given to the defendant and registered in his name, and a house in Adana, where they lived together while their father was alive, was given to the defendant.

8- Registered in the name of the defendant, whose father paid the price in his health; There is an independent section numbered 11, which we can identify at this stage, and an independent section from the business inn was given to the defendant's son while their father was alive.

9- In addition, the very high sales price obtained as a result of the sale of the 9-storey building consisting of 3 independent sections on Adalet Street by their father was shared among the defendants. The address of this building; Adana/Seyhan and this building was built by Adalet A.Ş. purchased and the branch of the company is occupied at the same address. According to this information, we request that the land registry be requested from the Seyhan Land Registry Directorate.

10 In addition, the large amount of cash available at the time of their father's death was shared by one of the defendants, Mehmet. On behalf of the plaintiff client, there is an independent section no. 13, which has a very low monetary value, in the above-mentioned plot numbered 102.

As presented above, 13 independent sections numbered 3, 4, 22, 23, 24, 31, 32, 33, 34 are registered in the name of the deceased (inheritance) in the form of ownership in partnership in the business inn at the aforementioned parcel number 9.

EVIDENCE: Title deed records, Bank records, Traffic directorate records, birth records, succession decision, witnesses, warrant, discovery and expert examination and other legal evidences.

CONCLUSION AND PROBLEM: For the reasons given;

All our rights regarding the surplus regarding the goods and money to be determined according to the records to be summoned by the Honorable Court, whose records have not yet been determined, and that the defendants and their sons transfer them both by savings and on behalf of 3rd parties. Without prejudice to our rights to annulment, refund, compensation lawsuits and all other legal rights arising from

And again, 13 independent sections, whose numbers are written above, located in the aforementioned parcel numbered business inn and still registered in the name of the deceased fathers of the parties, have been rented out by the defendants and are continuing to be used. and without prejudice to all our claims regarding the portion of the plaintiff's share from all the rent money received since the date of their father's death, 9 and to be received after today, and the compensation arising from the use of the defendants, and all our lawsuit rights, including the dismissal;

1- First of all, it is decided to IMPLEMENT ALL DEED RECORDS registered in the name of the defendants in the above-mentioned Seyhan Land Registry Directorates and all other land registry directorates to be determined, in order to prevent their transfer to third parties,

Again written above; All DEPOSIT ACCOUNTS available on behalf of the defendants in all branches affiliated to Vakıfbank and Ziraat Bank General Directorates and in all other banks to be determined by asking the relevant registry institution, and ALL RIGHTS in these banks are decided to be PROTECTED,

2- The decedent's collusion and the subsequent savings made by the heirs were learned by the plaintiff on 14, and with the subpoena of all the other title deed records submitted and to be determined in our lawsuit petition, the deceased mothers and fathers of the parties were transferred to the defendants (mainly by showing it as a sale even though donations were made). It has been decided that all the real estates they have acquired and also the money given in cash by the inheritors and the sales prices of the real estates belonging to the inheritors and sold, and the savings transactions of the real estates purchased on behalf of the defendants and transferred to the third parties by the defendants and the CANCELLATION of the title deed records and the registration of the parties to the land registry in proportion to their legal inheritance shares. to be given,

3- With the subpoena of all the other bank records submitted and to be determined in our lawsuit petition, the cash they gave to the defendants in the health of the deceased mothers and fathers of the parties, and the DETERMINATION OF THE AMOUNT OF ALL MONEY obtained as a result of the fact that they sold real estate to third parties by giving power of attorney to the defendants. It is decided that the portion of its share will be taken from the defendants and given to the plaintiff together with all legal interests that have been and will be processed as of the date of savings,

4- If, at the end of the trial, it is determined that the savings that were made in the form of donations in accordance with the law and procedure, and therefore cannot be canceled, are determined at the end of the trial, the cancellation of the title deed records falling to the plaintiff's share as a result of the criticism, and the registration in the name of the plaintiff or all legal acts that have been processed and will be processed from the date of disposal. It is decided that all the money and other rights corresponding to the plaintiff's share be taken from the defendants together with all the legal interests that have been and will be accrued from the date of savings, and to be given to the plaintiff,

5- By proxy, I respectfully request that the court expenses and attorney's fees be left to the defendants.

Tenkis Statement of Law 7

ADANA NÖBETÇİ ON THE COURT OF LAW

PLAINTIFF:

SUBJECT: DEED CANCELLATION AND REGISTRATION DUE TO MURIS PROVISION, I REQUEST DEMONSTRUCTION IF NOT AVAILABLE.

VALUE OF THE CASE: 10.000-TL

DESCRIPTIONS:

1-) My father, Mehmet, who left a legacy, passed away about 30 years ago. Mirasbırakan donated the immovable properties (I don't know the plot records) located in Adana province Seyhan District Adalet Village, to deprive me and my sisters, who are the other heirs, of their inheritance shares, to the defendant children while they were alive. Since the title deed records were not given to me, it was not possible to determine it definitively, but sales showed this donation transaction in the deed.

2-) It is clear in all respects that the assignment is collusive. Because he has not donated any of his real estate to his daughters, who are his other heirs. Only his sons benefited from his inheritance.

3-) Transfers and assignments made by our Delegate Mehmet are contrary to the provisions of both the TMK and the TCO. In accordance with the Decision to Unify the Case Law No. 1/4/1974 T. and ½; “…in case it happens that a person has declared his will in the direction of sale in front of the land registry officer about the title deed immovable that he actually wants to donate in order to deprive his heir of his right to inheritance, all heirs can file a lawsuit claiming that the apparent sales contract is collusion…“. In this case, it became necessary to cancel the title deed registration registered in the name of the defendant in the title deed and to demand its registration in my name in proportion to the inheritance shares.

EVIDENCE: Population records, Land registry records, cadastral records, witnesses and other legal evidence.

LEGAL REASONS: TBK Art.19 (EBK Art.18) and Related Legislation

CONCLUSION AND PROBLEM: For the reasons given above;

1) First of all, due to collusion, the cancellation of the title deed registration (transfer) of the immovables registered in the land registry in Adana Province Seyhan District Adalet Village, which is registered in the name of the defendants in the title deed, and registration in my name at the rate of my inheritance,

2) In case it is determined that the assignment made is not against the law, to his/her criticism,

3) In order to prevent the transfer and assignment of immovables to third parties until the end of the lawsuit, "injunctive measures" should be placed in the land registry records,

4) I respectfully submit and request that the court costs be decided to be borne by the defendants.

My crazy: 1) Certificate of Inheritance 2) Population Registers 3) Land Registry Records 4) Cadastre Records 5) Discovery and expert examination 6) Witnesses (I will inform the names and addresses later)

Tenkis Statement of Law 8

ADANA NÖBETÇİ ON THE COURT OF LAW

- PROVISION IS A MEASURE REQUEST-

File number:

Plaintiffs:

ATTORNEYS:

DEFENDANT:

SUBJECT: It consists of our request for criticism regarding the savings that infringes on the hidden share.

DESCRIPTIONS:

OUR STATEMENTS REGARDING REQUEST FOR INTERIM INJECTION;

In violation of clients' reserved shares In the era made by donation It is highly probable that the defendant will transfer the real estate to third parties in real or fictitious manner with the intention of preventing the collection of the receivables of the clients as of the date when the defendant learns that the lawsuit has been opened. Because, considering that the defendant does not have any other immovable or other assets registered on it, it will be impossible to collect the receivables of the clients if the prohibition of transfer is not imposed on the registration of the immovable by means of injunction and the case is concluded in favor of the clients.

For the reason explained, it is obligatory to demand that a PRECAUTIONARY CAUTION be placed on the immovable registered in plot 12 on the defendant.

OUR STATEMENTS REGARDING THE CURRENT EVENT;

The client, the father of the client and the grandfather of the other clients, passed away on 13. Only 28 days before the decedent's death, the defendant transferred the immovable property in the form of Land, on which there is a four-storey building, registered on Block 12, Section 13 and Plot 11, registered to the defendant.

Although the clients were not aware of the donation process, a lawsuit for dissolution of the partnership due to inheritance was filed on the file no. 13 of the Adana 12rd Civil Court of Peace on 3, pursuant to the 13 decision of the Adana Civil Court of Peace. It has been learned that it has been transferred to the defendant.

First and foremost, it should be noted that; The testator transferred the real estate to the defendant only 28 days before his death. Since the deceased was 64 years old on the date in question and was in the last stages of Lung Cancer, his health was in poor condition and it was not possible for him to carry out the transfer process on his own will. Because, as it is known, the last stages of lung cancer are a very difficult process for the patient and it is known that the patient experiences severe health problems such as pain in many regions and difficulty in breathing even with a very light effort. In such a process, the immovable registered on the testator with a strong will, moreover, The claim that he donated it to his daughter-in-law while his sons, orphaned grandchildren and his wife were still is a preposterous act.

Being the first wife of the deceased, Ayşe, who is the spouse of the deceased, did not want the deceased fathers of the plaintiff, objected to the negotiations of the deceased and the deceased, and did her best to prevent the deceased from getting a share from the inheritance, although he had great efforts in the construction of the apartment on the immovable property in dispute. In addition, at the time of the deceased's death, her 5-year-old daughter objected to her meeting with the client Ayşe and her 1-year-old son Mehmet. Because the clients took refuge with their mother's father and were able to maintain their lives with his support. The pressure of the person was so high that the other client, who was at a young age at the time of his brother's death, learned even the names of his nephews during his application for a certificate of inheritance.

Despite the fact that the testator does not have any problems with the client, the client's spouse, or other clients, it is known that they have a bad relationship with the defendant and his wife, the client, to whom the other immovable registered to the testator has been transferred, and that they are against the client's marriage with Neriman, who is out of court. The date of transfer of the immovable to the defendant is 15, and the client got married on 18, as can be seen in the attached population registration example.

Although the defendant is the spouse of the testator's son and resides in the same building with the testator, the residences where he lives with the defendant are separate. In the reply given to the file numbered 2014 of the Adana Civil Court of Peace, it was stated that the defendant was transferred by donation by the deceased in return for the expenses and effort he incurred in this process, on the grounds that he looked after the deceased throughout his illness, performed all kinds of services, and had him treated by constantly taking him to the doctors.

The defendant does not live in the same residence with the testator, and considering that he has four children aged 5, 11, 13 and 15, it is not possible to mention that the defendant left his children at this age and was constantly involved in the care of the deceased and took the deceased to the doctors. In addition, the defendant does not work in any salaried job and as it is known, the spouse of the defendant does not have any income as he does not have a regular job. The residence of the defendant is one of the flats on the real estate subject to the dispute, and the defendant and his family have been living in this flat for years without paying any rent. At the same time, the testator has also met all the needs of the defendant and his children, such as all kinds of education, health, food and shelter, and has provided financial assistance to the defendant and his wife in order to meet their other needs.

The deceased has health insurance and has regular monthly pension, rental income from four flats on the immovable in dispute, and many incomes from his real estate located in Adana province Seyhan district, which he transferred to his wife shortly before his death. Under these circumstances, it can be said that the defendant has expenses for the testator and that the defendant has transferred the immovable by donation for this reason.

As explained, the testator did not act with the will to transfer the immovable to the defendant by donation, but the defendant realized the transfer of the immovable by donation with the aim of smuggling goods from other heirs as a result of the guidance of the defendant's spouse and the testator's spouse.

In addition, another proof that the immovable has been transferred with the intention of smuggling; While the deceased's wife, who lives in the same residence, and Ahmet, who is the spouse of the defendant and also the son of the deceased, is standing, he transferred such a valuable immovable, which is his sole property, to the defendant, apart from the immovable located in the town of Seyhan, on which there is a four-storey building and which he transferred to his wife.

OUR STATEMENTS REGARDING THE MATERIAL;

In Article 4721 of the Turkish Civil Code No. 495, “The first degree heirs of the legator are his descendants. Children are equal heirs. Children who died before the legator are replaced by their descendants through succession at all degrees.” As in the concrete case, it has been decided that the children and grandchildren of the legator are legal heirs as the lower lineage. Again, in Article 506 of the same law, it was stated that "The hidden share consists of the following ratios: Half of the legal inheritance share for Altsoy..." and the reserved share ratios of the heirs as the lower lineage were determined.

In the article 4721 of the law numbered 560, "Inheritors who cannot get the compensation of their reserved shares can sue the criticism of their savings exceeding the amount that can be saved by the inheritance." By saying, if the inheritance exceeds the part that can be saved, it is stipulated that the heir whose reserved share is damaged can demand his reserved share by filing a case for criticism.

As explained in the concrete case, considering the age of the inheritor, his physical and general health condition, family conditions and relationships, the amount of assets in his possession, the ratio of the transferred property to all goods, it is clear that the inheritance made by the inheritance in favor of the defendant and the hidden shares of the clients who are other heirs were infringed. This situation will arise in the research to be carried out on the heirs of the deceased and the status of the estate. In fact, this situation will be clearly revealed at the trial stage with the statements of the witnesses.

In Article 565 of the Turkish Civil Code, titled "Winning Subject to Criticism", it is clearly stated that donations made by the legator, other than the customary gifts given in the year before his death, are subject to criticism, just like savings on death.

As it can be understood from the certificate of inheritance that we have submitted in the appendix of our petition, the inheritor has two children, spouse and two grandchildren as the legal heir. He has no other heirs. In this case, it has been necessary to apply to your esteemed court to request the criticism of the amount exceeding the reserved share.

LEGAL REASONS : 4721 SK m. 495, 560, 561, 562, 563, 564, 565, 566, 570, 571, 573 and related provisions.

LEGAL PROVISIONS: 1. The title deed showing that the registered immovable was transferred to the defendant by donation, 2. The title deed for the period in which the immovable was registered with the testator, 3. The decision of Adana Civil Court of Peace No. 13, 4. File No. 12 of the Adana Civil Court of Peace, 5 Identity Registration samples, 6. Expert, discovery, oath, witness and other evidence.

CONCLUSION AND PROBLEM: For the reasons explained above;

1. To impose a transfer ban on the registered immovable by means of PRECAUTIONARY MEASURE,

2. Without prejudice to our rights regarding the surplus, a total of 500.000-TL is collected from the defendant, with a reduction of a total of 10.000-TL regarding the reserved shares of the clients on the immovable which has been donated for the time being, to be paid XNUMX-TL,

3. I respectfully request that the litigation expenses and fees be collected from the defendant.

Plaintiffs' Attorneys

Tenkis Statement of Law 8

ADANA WATCHING TO THE COURT OF FIRST INSTANCE

PLAINTIFF:

PROVISION:

INVITATION:

SUBJECT : The criticism of the savings constituting infringement of the reserved share consists of our request. (worth 20.000-TL)

DESCRIPTIONS:

1. Ahmet, the father of the plaintiff client and also his successor, passed away on 12. As it can be understood from the certificate of inheritance that we have submitted in the annex of our lawsuit petition, the sole adopted son of the testator, Mehmet, remains as heir.

2. There is an informal marriage between the deceased and the defendant without a marriage contract. The testator, unable to withstand the pressure and coercion of the defendant, donated ½ of his real estate located at Adana/Seyhan address to the defendant on the condition of recourse on himself on 15th.

3. The purpose of the donation process in question is to smuggle goods from the plaintiff, who is the sole heir. Because the plaintiff, who is in the position of stepchild, is not even allowed to meet with his father, as it is not wanted by the defendant. The fact that the donation in question is made on the condition of recourse also shows that the testator did not perform this transaction completely voluntarily, and that he was compelled by the defendant to perform this donation.

4. In accordance with the regulation in TMK Article 506, the altsoy hidden shareholder is the heir, and the heir, who cannot receive the compensation for his reserved share, as stated in the relevant articles of the TMK, can sue for the criticism of his savings exceeding the amount that the legator can save. In this case, the current value of the real estate subject to disposition is approximately 20.000-TL. With this disposition, the reserved share of the client has been violated. This situation will emerge in the research to be conducted on the heirs of the testator and the status of the estate.

5. As the plaintiff client is the sole legal heir and the savings constituted an infringement of the plaintiff's hidden share, it became necessary to apply to your Court to request the abatement of the amount exceeding the hidden share.

LEGAL REASONS: TMK and related legal legislation

CONCLUSION AND PROBLEM: For the reasons explained above, we respectfully request on behalf of the client that, upon criticism of the reserved share of the client, it is decided to collect from the defendant and to charge the other party the legal expenses and the attorney's fee.

ATTACHMENTS: 1-) Land registry records 2-) Certificate of succession dated 12 3-) Population records 4-) One copy of certified power of attorney.

Acting Attorney

Tenkis Statement of Law 9

ADANA NÖBETÇİ MINISTRY OF LAW

ADVERTISING

Measure is Demanded

PLAINTIFF:

CHAIRMAN:

Defendants: (WE REQUEST NOTICES TO DEFENDERS TO THE MERNIS ADDRESS)

VALUE VALUE: Provided that all our rights regarding the surplus are reserved, to increase or decrease in the future, 10.000-TL for now.

SUBJECT: First of all, in terms of not transferring the immovable property subject to the lawsuit to third parties, the precautionary measure is the CANCELLATION of the sale of the immovable due to the Arbitrator Collision, at the rate of my clients' reserved and will, and its REGISTRATION on behalf of my clients, if this is not possible, TENKIS and our request to EQUALITY pursuant to Article 4721 of the TMK No. 669.

DESCRIPTIONS:

The client and the defendants are the heirs of Ahmet, who died on 03/06/2012. The inheritance certificate of the relevant Adana 3rd Notary Public dated 18/09/2012 and numbered 1123 is attached. The client is the second wife of the inheritor, and the other five heirs are the children of the inheritor from the first wife. Defendant. she is the client's own daughter.

The testator and the client got married on 28/09/1997. Their children were born on 29/04/2006.

While the heir was alive, he intervened in the client's reserved shares in the inheritance in order to leave more assets in favor of his children from his first wife. Namely;

Inherited property; Located on the 2246 parcel in Adana Province Merkez Adalet Village, Floor: 1 independent section 6 and 7 apartments (residence) and the same place are the shops 1-2-3-4 and 5 independent sections.

With the will of the Adana Notary Public, dated October 27, 1997 and numbered 1123, which we have attached as an appendix, the legator left ¼ of the immovable properties within the borders of Adana province and registered in the title deed in the event of his death, along with the other heirs, to his client spouse.

Again, in his Will, which is dated 15 and signed by the testator's own handwriting, which we have presented in the appendix, he has briefly stated that "the house in which they live was left to him until the client's spouse is alive, and if he has a child, the house and two shops will belong to the client and his child". He also stated in the Will that “he gave the rights of his two sons to them, he gave the two big shops and the back flat to his children”. Since the independent section 1 and 2 shops were later combined, it was referred to as "big 2 shops" in the will. Essentially, these two big shops are independent sections 1-2 and 3. The dwelling, which is meant as the rear apartment, is the independent section numbered 7. Since the shops numbered 1-2-3 independent sections and the independent sections numbered 7 were left to the children of the first wife of the inheritor, in this will dated 07/06/2000, the immovables left to the client and his daughter are in the shops numbered 4 and 5 independent sections and 6 independent sections. It is understood that it is a flat (dwelling).

On 04/07/2000, together with the legator and his sons, three shops (Independent sections 07-06 and 2000), whose children were left, were sold to a person named Necmi, as stated by the testator in the above-mentioned testament dated 1/2/3.

Again, the apartment (dwelling) in the independent section number 7, which was left to the defendant's children from the first spouse of the legator, was sold by these people to a person named Ferdi.

On 10/08/2000, with the promise of fulfilling the requirements of the above-mentioned wills and the conversion of the land into condominium, the independent section apartment (residence) numbered 6 was registered in the name of the client. Again on the same date, with the consent of all the shareholders, the shop, which is the independent section number 5, on behalf of the legator; The independent section shop numbered 4 was registered in the name of the defendants. As of the date of this transfer and divisions, the client does not have children from the bequest. Their children were born in 2006.

The shop, which is the independent section number 4, was sold to a third party by the defendants in the third month of 2018. Despite the fact that all their reserved shares were given to them by the defendants, this time they declared that they had the right to the shop, which is the independent section number 3, and that they would sell the shop. Thereupon, the client researched the records related to the inheritance and decided to open this case.

When the client looked at the souvenirs belonging to the deceased spouse of the decedent, he came across the will, dated 07/06/2000, which we have enclosed among the diary he wrote, and which was written and signed by the legator's own handwriting. Thereupon, the client learned through his research in the title deed that the legator made the transfer of immovables in violation of the will and in a collusive manner. In accordance with the above-mentioned wills, he understood that while at least 1 residence flat and independent department stores numbered 4-5 should be given to the client and his daughter, only the apartment numbered 6 independent sections was given to the client, and his Daughter, INCLUDING THE SHARE OF THE RESIDENT HERITAGE, IS NOT ALSO GIVEN TO THE SHARE STATED IN THE WILL. decided to open the case without delay.

ACCORDING TO THE DECISION OF THE DOMESTIC BRANCH NO 13.01.1975/7, DATE OF 1, if the legator also participated in the assignment process after the will is made, it is a collusion transaction and is treated as a malicious assignment. When we look at the dates of the will, it is seen that the dates are 27/10/1997 and 07/06/2000, and the transfers were made on 04/07/2000 and 10/08/2000, which are the following dates (although it is not known when the residential flat numbered 7 was transferred, the esteemed court decided that From the land registry and registry to be brought, it will be seen that the transfer was made after the testament dates for this office.) Thus, it is clear that these transfers made with the participation of the legator should be accepted as collusion in accordance with the IBK.

Regarding these immovables that the inheritor has transferred to the defendants in order to smuggle property from the inheritance, the deed cancellation and registration based on this collusion of inheritance, in order to take back both the reserved shares and the shares of the client and his daughter, a case of criticism has been filed.

During the trial, we also request that measures be taken to prevent the transfer of the independent section immovable no. 5 registered to the name of the legator, which is the subject of the lawsuit, to third parties. The client, who has no assets and has been removed from the inherited property by other heirs, has lung cancer, his daughter has a congenital eye disease, and routine controls are made on a regular basis. The client is a housewife and has no income. His daughter is a student. For this reason, it was necessary to demand that the measure to be taken be appreciated without guarantee. Otherwise, since the plaintiff does not have the opportunity to deposit collateral, the defendants may have the opportunity to smuggle their property.

LEGAL REASONS: MK, HMK and other relevant legislation.

EXAMS: Title deed records, witness statements, certificate of inheritance, birth records, exploration and expert examination and other legal evidence.

CONCLUSION AND PROBLEM: Based on the reasons given above, with the acceptance of our case, in accordance with the rules of criticism and equalization,

CANCELLATION of the title deed registration of the immovable with ground 13 independent section number, located on 5 parcels in Adana Province Central District, which is in the name of the decedent in accordance with the reserved share of the client and his daughter in the inheritance and the share given by the will, and REGISTRATION on behalf of the plaintiffs at the rate of the reserved share of the clients and the share given in the will. In case of failure, it is decided that the fair values ​​of the hidden shares of the plaintiffs abducted from the inheritance and the shares given in the will are taken from the defendants jointly and given to the plaintiffs,

Again, the fair values ​​of the plaintiffs' hidden shares abducted from the inheritance and the shares given in the will, of the independent section shops on the ground 15-1-2 and 3 and the first floor 4 independent section located on 7 parcels of the Adana Province Central District, which were previously transferred by the defendants, were obtained from the defendants and presented to the plaintiffs. decision to grant,

IMPLEMENTING MEASURES to prevent the transfer of the immovable property no. 5 subject to the lawsuit to third parties without any security during the trial,

On behalf of the plaintiffs, we respectfully submit and demand that all legal expenses and attorney fees be charged to the defendants.

Attorney Attorney

Tenkis Statement of Law 10

ADANA NÖBETÇİ MINISTRY OF LAW

PLAINTIFF:

CHAIRMAN:

DEFENDANT:

SUBJECT:

DESCRIPTIONS :

1. The father of the plaintiff, the inheritance, passed away on 28.05.2018, the remaining legal heirs are the client plaintiff and the second wife of the inheritance, Ayşe and their children named Mehmet, who were in this marriage, and the Adana Magistrate Court has a certificate of inheritance dated 2 and 12. . (Annex-15- Certificate of Inheritance)

2. Shortly after the death of the decedent, my client has learned externally that the immovable that was bought as a land in return for his own efforts and works during his father's life and on which a three-storey house was built later on was never registered with the legator, and that the purchase and sale transactions were made directly on behalf of the stepmother on 12. .

3. When the title deed records were examined by us, it was seen that the registration of this real estate was made to the plaintiff's sibling, who is from a separate mother, on 11, and again on behalf of the defendant on 15. These matters will be clearly seen when the relevant records from Adana Land Registry Office are requested by your court.

4. The defendant party has never had the financial power to purchase the real estate in question as it appears in the land registry records. Namely; He did not work in any job at any stage of his life, did not earn an income by inheritance or in other ways. This will be clarified in the presence of your court by the witnesses we will report.

5. It is obvious that the defendant, who cannot afford to buy, cannot buy the real estate he owns with his own money. Moreover, it is believed by the plaintiff that the owner of the immovable property in question is the legator until a short time ago.

6. Considering that the immovable was purchased during the continuation of the marriage union and the defendant did not have any income, it is clear that the costs required for the purchase and sale transactions were covered by the deceased in the ordinary course of life.

7. Considering the second spouse factor of the inheritance, which came into play after the death of the plaintiff's mother, his children after his marriage with his second wife, and the fact that he did not take care of the plaintiff like a real father at these stages of his life, it is undoubted that the proceedings were carried out for the purpose of smuggling property from my client. The fact that the defendant transferred the immovable property subject to the lawsuit on 13 to his own daughter also proves the purpose of smuggling.

8. In the concrete dispute where the money of the immovables registered in the name of the non-litigation persons was paid by the legator to the registration owners and the registry records were transferred to the defendant, my client was entitled to the reserved share, but with the death of the decedent, he could not gain these rights because there was nothing else in his estate.

9. In this case, such a gain DONATION BY HAND (HIDDEN DONATION) It is indisputable that its quality is indisputable and since it is indisputable that it can be the subject of the criticism case foreseen in Articles 560 and 571 of the TMK, considering the conditions are also available, we have been obliged to open this case.

10. Due to the reasons we are trying to explain, we are applying to your esteemed court for a decision to reject the savings exceeding the client's reserved share and to decide on the registration of the immovable property in the amount of the hidden share in the name of the client.

Tenkis Statement of Law 11

ADANA MINISTRY OF LAW

ON THE CHOICE

PLAINTIFF:

CHAIRMAN:

Defendants:

SUBJECT: Cancellation of will, otherwise our request for criticism.

DESCRIPTIONS:

My client's successor Ahmet passed away on 15th. It was sent to the file numbered 5 of the Seyhan District Civil Court of Peace for the enforcement of the will, which was issued on 11 by the 17th Notary Public of Seyhan District. It was necessary to object to the said will with a petition dated 12 transfers.

The will violates the rights of my client, who is the heir of the reserved share. The deceased FS, the testator, was 75 years old at the time the said will was drawn up, and a medical report should be obtained in order for such a transaction not to be injured, but this issue was ignored.

"In this regard, instead of a special report, an official doctor, and even a health board report should be obtained if necessary." Law of Testament with Every Aspect in Practice and Theory / Esat ŞENER Page: 204.

In addition, he used the phrase "caring for my care" in the will made by the deceased and declared that he left his will to his daughter and grandchildren who took care of him. However, the bequests; Since they resided in Mersin, they were not interested in the care of the deceased. Considering the fact that the deceased may be under moral coercion and pressure while expressing this will, and the recorded situation contradicts the actual situation, the will should be cancelled. The opinion of the 2nd Civil Chamber of the Supreme Court of Appeals on this matter is in line with the evaluation of the witness statements and all the evidence in the file and obtaining a report from the Forensic Medicine Institute.

JUDICIARY 2nd LAW DEPARTMENT FUNDAMENTALS: 2004/2862 DECISION: 2004/4336

“…While making a will dated 11.5.1998, it was claimed that the testator did not have a license and it was requested to cancel the will. While the will was made, a report dated 11.5.1998 showing that he was competent was received from the M Health Center, but the witnesses of the plaintiff who were heard stated that the testator did not have the ability to appeal at the time the will was made. The testator was 76 years old at the time the will was made. While it is necessary to take a report from the Forensic Medicine Institute and make a decision as to whether the testator Serpil had a license at the time the will was made, by evaluating the witness words and all the evidence in the file, it is against the procedure and the law to make a written judgment without focusing on this aspect.

TC YARGITAY 1th LAW OFFICE E. 2002/4742 K. 2002/5498 T. 1.5.2002

“… Considering the nature of the cases and the contents of the allegations made, it is impossible to say that the consolidation was against the procedure. In fact, there is a legal benefit in combining the cases and reaching a healthy solution in terms of revealing the fate of the will made in the health of the inheritor and revealing the effect of the assignment in the title deed. "

With his will, the deceased FS, the owner of the province, B. He bequeathed to the defendants in equal shares after his death, provided that a shop and an apartment on the ground floor and an apartment on the 2th normal floor belonged to him until his death.

TC YARG ITAY 2nd LEGAL DEPARTMENT BASIS: 2003/8904 DECISION: 2003/10503

“… The immovables subject to the case were given to the defendants by will. The testament was duly opened, the case for cancellation was requested and rejected, it became final on 7.2.2002. This case was opened on 6.9.2001. Death-related dispositions are subject to criticism in any case (743 SMK art. 507/1). It is against the procedure and the law to give a written rejection decision by mentioning that the inheritor has no intent while the judgments of criticism should be applied by the court. "

TC JUDGMENT 2 LAW OFFICE PRINCIPLES: 2004/971 DECISION: 2004/1654

“… The case is about the annulment of the testament, otherwise, the criticism. The plaintiff submitted his evidence within the first definite time and showed his witnesses. In that case, the job to be done by the court is to listen to the witnesses of the plaintiff, to get the necessary information about the mental health of the inheritor on the date of issuing the will, to get information about his assets and about pressure and intimidation, by sending the doctor's reports and the file to the Forensic Medicine Institute in terms of the legal capacity of the legacy. It consists of determining whether there is a capacity to act in the testament commentary, to examine whether there is pressure and intimidation, to reject the case of annulment of the will if he has the capacity to act, on the other hand, since the wills are subject to unconditional criticism, it consists of making a positive or negative decision about the request for criticism. Regardless of these aspects, incomplete research and examination and the establishment of a written provision required a reversal. "

If our request for annulment of the will is not accepted, our request for criticism must be accepted, since wills are subject to unconditional criticism. The will encroaches on the inheritance share of my client, who is the heir with the hidden share.

LEGAL REASONS: HMK, MK and all relevant legislation

EVIDENCE: Testament, birth records, report from the Forensic Medicine Institute, expert examination, witness statement and all kinds of legal evidence.

CONCLUSION AND PROBLEM: We respectfully submit and request by proxy that the will be canceled for the reasons explained above, otherwise the part that infringes the inheritance share of the client, who is the heir with a reserved share, is decided to be annulled, and that the trial expenses and attorney's fees be left to the defendants.

Acting Attorney

About the Author: Lawyer Saim İncekaş

Saim İncekaş is a lawyer registered with Adana Bar Association. He has been working at İncekaş Law Firm, which he founded, based in Adana, since 2016. After completing his law education with a master's degree, he carried out many different studies in this field. He is an expert in areas such as family law, divorce, custody cases, children's rights, criminal cases, commercial disputes, real estate, inheritance and labor law. Saim İncekaş is actively involved not only in the Adana Bar Association, but also in associations and organizations such as the European Lawyers Association, the Union of Turkish Bar Associations and Access to the Right to a Fair Trial. In this way, it takes part in many studies aimed at increasing awareness of the universality of law and confidence in the legal system. Contact Us Now via WhatsApp for an Appointment and Preliminary Meeting

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