Request For Elimination Of Stakeholding In Immovable Property
TO … MAGISTRATE LAW COURT
THE PLAINTIFF :
TC ID NUMBER :
ADDRESS :
PROXY :
(legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANTS :
1-
2-
ADDRESS :
SUBJECT : Request for Elimination of Stakeholding in Immovable Property
consists of.
EXPLANATIONS :
1- Our client built a two-storey summer house on the immovable property registered to the title deed in … Province, … District, … District, … Neighborhood, … Island, … Pafta, … parcel, where they are stakeholders together with the defendants. (Annex 1) There is also a wooden house and cherry orchards on the immovable, and the area where our client built the building and other parts are used as if it is actually divided between the stakeholders. While the immovable has been used by all stakeholders for years without any problems, after the construction of the house was completed, other stakeholders started to cause problems in terms of use, and the continuation of the shareholding became unbearable for our client.
2- The heirs do not have the opportunity to share the real estate by agreement. In addition, it is not possible to divide the immovable in kind to the heirs registered in the Land Registry in proportion to their shares.
3- It has become necessary to apply to your court in order to ensure that the immovable property is divided in kind, if possible, and if not, to decide on the elimination of the partnership through sale, provided that the cost of the property is left to the client.
LEGAL GROUNDS : 4721 S. Code Art. 698, 699, 6100 S. Code Art. 4, 12, 316
LEGAL EVIDENCES : Decree of inheritance, Kocaeli 3rd Civil Court of Peace decision dated 2019/1582 E. 2020/1047 K. and dated 7/10/2020, Land registry records, discovery, expert examination, witness statements, other legal evidence.
CONCLUSION AND REQUEST :
For the reasons explained above, we respectfully request, on behalf of our client, that the shareholding in the immovable property be resolved firstly through the division in kind, and if this is not possible, through sale, provided that the value of the building is left to the client, and that the trial expenses and attorney fees be imposed on the parties in proportion to their shares. …/ …/ …
Counsel for the Plaintiff
ATTY.
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