Sample Petition For The Request For Determination Of The Inheritance And Bookkeeping
TO THE JUDGE OF THE … MAGISTRATE LAW COURT
REQUESTING : (TC No):
ADDRESS :
PROXY :
ADDRESS :
SUBJECT :
SUBJECT : It consists of the submission of our petition including our request for the determination of the inheritance and bookkeeping.
OUR OPENING STATEMENT
1-) Our client is one of the 4 (four) heirs of his mother …. …., who passed away on …/…/…, as stated in the certificate of succession we have attached.
2-) Muris … … has 3 (three) heirs, 2 (two) girls and 1 (one) boy, other than our client, and at the time of the death of the muris, they reside together in the same house with the male child … ….. It will be understood that they reside together from the document we received from the mukhtar and attached to our petition.
3-) In the house where the deceased died, there are jewelry, bonds, … -TL cash and deeds of immovable properties in various provinces, which are included in the estate, and there is a possibility that the securities may be kidnapped and damaged due to the ongoing hostility between our client and her other sisters and the brother for a while. This possibility is also strengthened by the fact that at their mother’s funeral, the brother said to our client and her sisters: “I will do my best to make sure that you do not get a penny from the inheritance, I took care of my mother all these years, have you come to your senses now, come kiss my feet and then we will think about these conditions.” If deemed appropriate by your court, the witnesses whose names are included in the witness list attached to our petition on the subject will provide explanations regarding the situation.
4-) For the reasons we have mentioned above, it is important to determine the probate and to keep books due to the possibility of our client being harmed, and it has become necessary to file a lawsuit with this petition.
LEGAL GROUNDS : 4721 S. K. Art. 589, 590, 6100 S. K. Art. 382-388, Regulation on the Implementation of the Custody, Guardianship and Inheritance Provisions of the Turkish Civil Code Art. 32, 33
LEGAL EVIDENCES : Decree of inheritance, Population records, Certificate of residence from the mukhtar dated …/…/…, Witness statements
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request on behalf of our client to determine the inheritance of the heir and to decide to keep a book of the inheritance. …/…/ …
ANNEXES :
Acting for the Requester