Sample Petition For The Determination Of Probate Case
Antalya Duty ( ) Civil Court of Peace
Request for injunction.
Requester
Heirs : Name Surname TC Address
Attorney : Atty………..
Other Heirs Name Surname TC Address
Name Surname TC Address
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 an 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 assets and liabilities of the motor vehicles belonging to the deceased be inquired and determined.
.
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 inheritance to be determined by your Court in addition to the existing inheritance. 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 a measure 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 necessary to keep a book in order to prevent damage to the determined matters.
Legal Grounds : TMK, HMK, Law of Attorneys and other relevant legislation
Evidence : Information on the population registration of the deceased, certificate of inheritance, title deed records, 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:
Firstly, to accept our lawsuit including our demands listed above,
To appoint a representative for the estate that is already known and to be determined by your Court,
In this direction, letters were written to the relevant authorities mentioned above and the assets in the estate of the deceased were determined.
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 already known and to be determined by your Court,
We request and demand by proxy that the trial expenses and attorney’s fee be charged to the other party. 08/12/2021
Representative of Requesters
Lawyer…….
You can access our other article examples and petition examples by clicking here.