Rejection Of Inheritance Lawsuit Petition
-SAMPLE PETITION-
TO THE ( ) MAGISTRATE LAW COURT ON DUTY
REQUESTING
HEIR :A….. B….. (T.C.:……………..)
ADDRESS
REPRESENTATIVE :
ADDRESS
DEFENDANT : NO DEFENDANT
OTHER HEIR B…… C…….. (T.C.:……………..)
SUBJECT OF THE LAWSUIT :
It consists of our request for the complete rejection of the inheritance due to the revelation that the inheritance is insolvent.
EXPLANATIONS
Client A….. B….. and B….C….. are siblings and their father, the muris D….B….. (the identity information of the muris is presented in the annex of the petition Annex-1), died on ../../…. He passed away on the date …/./. As can be understood from the certificate of inheritance (Annex-2) attached to the petition, the client and the other heir B….C…. are the sole heirs of the deceased.
There is no known will left by the deceased. Since the assets of the deceased are not known by the legal heirs, the client requested the determination of the inheritance from the Ankara ( ) Civil Court of Peace; as a result of the trial held in this regard, 202 /…. Main 2021/…. Decision numbered 202 / (Annex-3), the estate was determined.
.
As a result of the determination, it was revealed that the liabilities of the estate were excessive and that it was insolvent. Article 605 of the TMK states that “Legal and appointed heirs may reject the inheritance. If at the date of death, if the insolvency of the heir is clearly evident or officially determined, the inheritance is deemed to have been rejected.” In accordance with Article 605 of the TMK, the client, who is the legal heir, wants to reject the said inheritance completely.
Pursuant to Article 607 of the TMK, “In the event that the inheritance is written down as a protection measure, the period for the legal and appointed heirs to reject the inheritance starts with the notification of the end of the writing process by the judge of the peace.” It is stated. In this way, since the client has unconditionally and unconditionally rejected the inheritance of the deceased within the period from the date of the decision; We submit this lawsuit for the determination of the client’s declaration of rejection of the inheritance and its registration in the special book.
LEGAL GROUNDS :
TMK, HMK, Attorneyship Law and other relevant legislation
EVIDENCE :
Information on the population registration of the deceased, Decree of Inheritance, Ankara ( ) Civil Court of Peace 202 /…. File no. 202 /_COPY_COPY_COPY, 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- To determine and register the unconditional and unconditional rejection of the inheritance by the plaintiff client,
2-TMK 609. In accordance with Article 609 of the article, we request and demand by proxy that the decision on the rejection of the inheritance be decided to be recorded in the special registry. 05/11/2021
Requestor’s Representative
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