Sample Petition For Request For Elimination Of Partnership In Inheritance
…MAGISTRATE LAW COURT JUDGE
THE PLAINTIFF :
ADDRESS :
PROVOCATE :
ADDRESS :
DEFENDANT
ADDRESS:
SUBJECT : It consists of our request for the elimination of partnership in inheritance.
EXPLANATIONS :
There is joint ownership between the plaintiff client and the defendant heirs on the immovable property, which has the nature of land registered in Sivas province, Kangal district, … Neighborhood, … Block, … Parcel, which was inherited from the heir … to his heirs. This situation can be seen in the title deed in the annex.
This land left by the heir has actually been partitioned and used by some of the heirs. Although the client has started proceedings for the division of the relevant land by considering the rights of each owner, he has not received any positive feedback. The defendant heirs are not in favor of such a division. Moreover, the client does not want this land, which was inherited from his father, to be sold to third parties.
As such, there is no longer any possibility for the partnership to continue. For this reason, it has become necessary to demand the exact division of the real estate subject to the lawsuit, and if this is not possible, to demand the sale and distribution of the money.
LEGAL GROUNDS : Turkish Civil Code, Soil Conservation and Land Use Law and other legislation
LEGAL EVIDENCE : Land registry records, expert, discovery, witnesses and other evidence
CONCLUSION AND REQUEST : I hereby request by proxy that the partnership on the immovable property having the characteristics of a field registered in Sivas province, Kangal district, … Neighborhood, … Island, … Parcel, be eliminated by way of division in kind, and if this is not possible, by way of sale, and that the judicial expenses and attorney’s fee be decided to be paid by the shareholders in proportion to their shares.
Plaintiff Attorney
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