Petition For The Official Liquidation Of The Inheritance
-SAMPLE PETITION-
ANKARA COURT OF PEACE ON DUTY
IN DEMAND
FOUND : A….. B….. (T.C.:……………..)
ADDRESS
LEGATE :
HEIR :C…. B…… (T.C.:…………….)
ADDRESS
SUBJECT OF THE REQUEST : It consists of our request for the official liquidation of the estate of the Inheritor C…. B……
EXPLANATIONS
The heir C…. B…. is the father of the claimant client A…. B…. and died on 13.09.2021 at the above-mentioned address, which is also the place of residence. The heirs of the legatee are the heirs of Ankara …. Notary’s …/…/2021 Date, …. As can be seen from the certificate of inheritance (ANNEX-1) with the date of …/…/2021 and the number of the journal (ANNEX-1), the client A…. B…. And the other non-suiting heir is D…. B…..
The inheritance of the heir is insolvent, and instead of accepting the requesting heir as such, we request the official liquidation of the inheritance in accordance with Article 632 of the Turkish Civil Code.
Article 632 of the Turkish Civil Code states that “Each heir may request the official liquidation of the estate where he will reject the inheritance or accept it according to the official book.
This request shall not be taken into consideration if one of the co-heirs accepts the inheritance.
In case of official liquidation, the heirs shall not be liable for the debts of the estate.”
.
Article 634 of the Turkish Civil Code “The official liquidation shall be carried out by the court of peace or by one or more liquidators appointed by it.
The official liquidation shall commence with the preparation of the book of the estate and at the same time, the creditors and debtors of the heir shall be requested to declare their receivables and debts within the specified period.
If the official book of the estate has been prepared before, the official liquidation shall be carried out according to this book.
The liquidator shall carry out his/her duties under the supervision and control of the court of peace. The heirs and creditors of the estate may file a complaint in writing to the court of peace within seven days starting from the date they learnt about the transactions made or designed by the liquidator.”
LEGAL GROUNDS : TMK, CPL, Law on Lawyers and other relevant legislation
EVIDENCE : Population register information of the deceased, Decree of Inheritance, witnesses, all other evidences
CONCLUSION AND REQUEST :
For all the reasons explained above and to be taken into consideration ex officio by your Court, we request by proxy that the estate of C…. B….., who left a legacy, be officially liquidated.22.11.2021
Requester A….. B….. Agent
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