Competent Court For Issuing Inheritance Certificates For Foreign Nationals – Supreme Court Decision
Supreme Court of Appeals of the Republic of Turkey
20th Civil Chamber
Case No.: 2016/5739
Decision No.: 2016/10025
Date of Decision: 03.11.2016
Supreme Court Decision
COURT: Conciliation Court
In the case between the parties, the Conciliation Court and the 8th Conciliation Court separately ruled that they lacked jurisdiction.
All documents in the file sent to determine the place of jurisdiction were examined, and the necessary considerations were made:
DECISION
The case concerns a request for the issuance of a certificate of inheritance.
The … Civil Court of First Instance ruled that the deceased and the heirs were foreign nationals (Greek citizens),
and that the deceased’s share of the proceeds from the sale of the property in question was to be recovered through the 2013/98 sale file of the … 6th Civil Court of First Instance, case no. 2012/347 and decision no. 2012/560.
Office’s 2013/98 sale file, and that this case was filed for the purpose of obtaining the amount corresponding to the deceased’s share from the sale,
that the immovable property subject to the dissolution of the partnership is located in …, and that in this
In this case, pursuant to Article 20 of the MÖHUK, the Istanbul Courts are competent to issue a certificate of inheritance,
and therefore a decision of lack of jurisdiction was rendered.
… The 8th Civil Court of Peace, however, ruled that there is no definitive jurisdiction rule in cases concerning the issuance of inheritance certificates, that there is no jurisdictional objection by the parties, and that the court cannot issue a decision of lack of jurisdiction ex officio,
and therefore ruled that it lacked jurisdiction.
From the file, it is understood that the dispute concerns the plaintiffs’ request for the issuance of an inheritance certificate belonging to their deceased relative.
The claim for inheritance is considered a non-contentious matter under Article 382 of the Code of Civil Procedure (HMK) and Article 3/2 of the Transitional Provisions of the HMK No. 6100.
The inheritance claim is considered a non-contentious judicial matter under Article 3/2 of the Transitional Provisions of the Code of Civil Procedure No. 6100 and Article 382 of the Code of Civil Procedure.
Article 384 states that, unless otherwise provided by law, the court where the person making the request or one of the interested parties resides has jurisdiction over non-contentious judicial matters.
Article 11/3 of the CCP states that in cases concerning the revocation of an inheritance certificate and the issuance of a new inheritance certificate,
the court where each heir resides also has jurisdiction. Accordingly,
since there is no rule of exclusive jurisdiction in cases concerning the issuance of a certificate of inheritance, the case must be heard and decided by the first court where it was filed, namely the … Civil Court of First Instance.
CONCLUSION: For the reasons stated above; pursuant to Articles 21 and 22 of the Civil Procedure Code No. 6100, it was unanimously decided on 03/11/2016 that the … Civil Court of Peace
SHALL BE DESIGNATED AS THE JURISDICTION.