Decision On The Request For A Certificate Of Inheritance
T.C. JUDICIARY
14th Civil Chamber
Basis: 2015/14445
Decision: 2016/2648
Decision Date: 02.03.2016
REQUEST FOR THE ISSUANCE OF A CERTIFICATE OF HEIRSHIP – ASKING AND DETERMINING ALL EVIDENCE, INCLUDING WITNESSES, TO PROVE THE PLAINTIFF’S CONNECTION WITH THE DECEASED – DISMISSAL OF THE CASE WITH INCOMPLETE EXAMINATION WAS INAPPROPRIATE – JUDGMENT REVERSED
SUMMARY: The lawsuit is related to the request for a certificate of inheritance. Inheritance status is investigated by the court ex officio and can be proved by any evidence. In that case, the court should ask and determine all the evidence including witnesses to prove the connection between the plaintiff and the deceased, and considering that such cases are subject to the principle of ex officio investigation, a certificate of inheritance should be issued according to the provisions on the date of death after determining the heirs of the deceased without hesitation by conducting a police investigation if necessary.
(4721 S. Code Art. 30, 575)
Case: At the end of the hearing held upon the request for a certificate of inheritance by the plaintiff with the petition dated 25.06.2015; the judgment dated 07.07.2015 on the dismissal of the case was requested by the plaintiff’s attorney to be examined by the Court of Cassation, and after it was decided to accept the petition of appeal, which was understood to be in due time, the file and all the papers in it were examined and considered accordingly:
Decision: The lawsuit is related to the request for a certificate of inheritance.
The court decided to dismiss the lawsuit on the grounds that the plaintiff was not the legal heir in the population record of the deceased.
The judgment was appealed by the plaintiff’s attorney.
According to Article 575 of the Turkish Civil Code No. 4721, inheritance is opened upon death, and according to Article 30 of the same law, birth and death can be proved by the records in the civil registry, and if there is no record in the civil registry or if it is understood that the record is not correct, it is possible to prove the real situation with all kinds of evidence.
As for the concrete case; it is understood that the plaintiff’s mother’s name is … in the civil registry, but there is no record or explanation regarding the said …… No determination has been made that …, for whom a certificate of inheritance is requested, and …, the mother of the plaintiff, are the same person.
Pursuant to the principles explained above, the status of inheritance is investigated by the court ex officio and can be proved by any evidence. In that case, the court should ask and determine all the evidence, including witnesses, to prove the connection between the plaintiff and the deceased, and considering that such cases are subject to the principle of ex officio investigation, a certificate of inheritance should be issued according to the provisions of the date of death after the determination of the heirs of the deceased, if necessary, by conducting a police investigation.
It was not deemed correct for the court to decide to dismiss the lawsuit with incomplete investigation without considering the above-mentioned issues, and the judgment should be reversed for this reason.