Petition For The Determination Of The Inheritance
-SAMPLE PETITION-
ANKARA DUTY ( ) MAGISTRATE LAW COURT
REQUEST FOR AN INJUNCTION
THE CLAIMANT
HEIRS : 1-A….. B….. (T.C.:……………..)
2-D….. B…..(T.C.:……………..)
ADDRESS
REPRESENTATIVE :
ADDRESS
OTHER MICHAELS 1-….. ….. (T.C.:……………..)
2-….. …..(T.C.:……………..)
SUBJECT OF THE CASE : It consists of our requests for the determination of the estate of the deceased and the appointment of a representative to this estate and the imposition of injunction.
EXPLANATIONS
Clients A….. who hereby request your Court to determine the inheritance B….. and D….. B….. are siblings and their father, the muris C….B…. (the identity information of the muris is attached to the petition Annex-1), died on ../../…. He passed away on the date …/./. As can be understood from the certificate of succession (Annex-2) attached to the petition, the clients and two other persons other than the clients are the heirs of the deceased.
There is no known will left by the deceased. Although some of the assets of the deceased are known to us, we submit our requests to your Court as follows in order to determine the unknown part.
The assets of the deceased known by the clients (Annex-3) are as follows:
1-
2-
In order to determine the assets of the deceased, which are unknown to the clients, we request the following issues to be determined:
1-Determining the bank account records of the deceased and determining the account records and account movements, vehicle and bank deposits and assets and liabilities of the deceased, whether jointly or individually owned
2-Determining the progress payments of the deceased from official institutions with the letter to be written to the Social Security Institution
.
3-Determination of the assets and liabilities of the title deed records belonging to the deceased, including the transfer transactions, by querying through TAKBIS
4-Determination of the tax records of the deceased by writing a letter to the Revenue Administration
5-We request that the motor vehicles belonging to the deceased be determined by questioning the active and passive.
Since there is a hostility arising from inheritance between the plaintiff clients and the other two legal heirs of the deceased; it is thought that situations that may cause loss of rights for the clients may arise with the emergence of the estate to be determined by your Court in addition to the existing estate. For this reason, in order to prevent the loss of rights of the heirs and to protect the integrity of the inheritance, we request your Court to impose an injunction on the inheritance that is already known and will be determined by your Court, and to appoint a representative to the said inheritance since it is also necessary to keep a book in order to prevent damage to the determined matters.
LEGAL GROUNDS : TMK, CPL, Law of Attorneys and other relevant legislation
EVIDENCE : Information on the population registry of the deceased, Decree of Inheritance, Land Registry, expert report, all other evidences
CONCLUSION AND REQUEST:
For all the reasons explained above and to be taken into consideration by your Court ex officio:
1- First of all, to accept our lawsuit including our demands listed above,
2-Appointment of a representative to the estate that is already known and to be determined by your Court,
3- In this direction, by writing letters to the relevant authorities mentioned above, to determine the assets in the estate of the deceased
4- In order to prevent the heirs from losing their rights and to protect the integrity of the inheritance, to impose a measure on the inheritance that is already known and to be determined by your Court,
5- We request and demand by proxy that the judicial expenses and attorney’s fee be decided to be covered from the estate. 27/10/2021
Representative of Requesters
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