Recovery Of Donations Through Equalization In Inheritance
CIVIL COURT OF FIRST INSTANCE
Plaintiff: A…
Defendant: B…
Subject: Revocation of the real estate donation made by the deceased to the defendant (my brother) during his lifetime
Legal Evidence: Heirship certificate, Population registry, Land registry, Witness, expert opinion, and other legal evidence
Legal Grounds: Turkish Civil Code Article 669 and subsequent articles, and relevant legislation.
Explanations:
1. My father, the decedent, passed away on C ../../….
He left me and the defendant, my brother, as heirs. There are no other heirs.
However, while he was alive, the decedent transferred a piece of real estate registered in the land registry as plot no. … in district no. … to the defendant without compensation, i.e., as a gift, with the intention of depriving me of my inheritance.
I learned of this situation after his death. According to the provisions of Article 669 of the Turkish Civil Code, the transfer made by the deceased to the other heir (his son, the defendant) without receiving anything in return must be returned to the estate. Despite my request in this regard, the defendant’s failure to return the aforementioned property has made it necessary to file this lawsuit.
The property must be returned to the deceased’s estate. I will prove my claims in this regard with the evidence I have submitted to the file.
Conclusion and Request:
1. Since my case will be proven by the hearing and examination to be conducted after the collection of evidence, I request that it be ACCEPTED,
2. Since the conditions for equalization have been met, I respectfully request that the title deed registration of the property registered in the name of the defendant heir, located at … plot number …, be canceled, and that it be returned to the estate of my father C, the deceased, in accordance with Articles 669 and following of the Turkish Civil Code, and that the costs be borne by the defendant.
Plaintiff
A (Heir)