Sample Petition For Decision On Revocation Of Recognition
Recognition
Recognition is one of the procedures that establish paternity with the father. Recognition is a unilateral declaration of will by the father of a non-married child who has no paternity relationship with another man, which enables the establishment of paternity between him and the child. According to the Turkish Civil Code, recognition results from a unilateral declaration of will and does not depend on the acceptance of the child or the mother. Recognition has retroactive effect. Recognition is one of the rights strictly bound to the person, this right is exercised by the father personally as long as the father is alive and has the power of discernment.
Cancellation of Recognition Case
In order to file a lawsuit for annulment of recognition, there must first be a valid recognition. The fact that the recognizer is not the father of the child is one of the grounds for annulment of recognition. The mother, the child and the child’s descendants in case of the death of the child, the public prosecutor and other interested parties have the right to file a lawsuit for annulment of recognition.
Click here for the Court of Cassation decisions on the annulment of recognition case
…. FAMILY COURT
THE PLAINTIFF:
DEFENDANT
KON : Our Request for Decision on Revocation of Recognition.
CASE VALUE :
(in cases related to property rights)
EXPLANATIONS :
1-) One of the defendants… recognized the other defendant … on …/…/…/… date with a written application to the … Population Directorate and established paternity between them. (Annex -1)
2-) This recognition is a recognition made by the defendant …. with the consent of the defendant … to receive an excess share from the inheritance of the defendant … (Annex-2) However, later on, he wants to cancel the recognition because he realizes that the defendant deceived him
3-) Therefore, for the reasons mentioned above, we are obliged to file a lawsuit for the annulment of the recognition.
LEGAL GROUNDS : 4721 S. K. art. 297
LEGAL EVIDENCES :
1-) Population record
2-) DNA tests
3-) Witness statements
CONCLUSION AND REQUEST : For the reasons explained above, I request that my client’s recognition of the defendant … be annulled due to collusion, and that the costs of the proceedings be charged to the defendant…/…/…
ANNEXES :
1-) Population record
2-) DNA tests
3-) One approved power of attorney sample.
Plaintiff Attorney
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