Heirs who have the right to an inheritance in such a way that the testator cannot interfere in any way, cannot save on it, are called “heirs with a reserved share”. The reserved heirs, who are considered limited in the Civil Code, are:
The child of the testator (His children, adopted children, grandchildren and their children),
The parents of the testator,
The wife of the testator.
The siblings of the testator, who were previously counted as the hidden heir, were excluded from being the hidden heir by the amendment. However, in the case of deaths that occurred before May 10, 2007, when this change was made, the brothers’ hidden share will also be taken into account in the tenkis case filed at a later date.The Tenkis case is a lawsuit filed to eliminate the encroachment on the right of inheritance of the heirs holding the reserved shares by exceeding the freedom of savings of the testator and to withdraw the savings made by the testator within the legal limits.
The Tenkis case is a case related to inheritance law and is a case that can be filed in the event of the death of the muris (the one who left the inheritance). It is not possible to open this case while Muris is alive.
In other words, if there is a performance debt arising from these transactions, the hidden heirs get rid of this performance debt or, if it has been fulfilled, it is called a criticism to decide on their refund at this rate (TMK md. 560).
The Tenkis case is a case in which, as a rule, the heirs with hidden shares and, as an exception, the creditors of these heirs request from the court that their earnings exceeding the savings rate of the testator be neutralized at a rate exceeding this rate. A Tenkis lawsuit can only be filed if the testator dies. The heirs with hidden shares cannot file a tenkis case even if it is certain that the acquisition made while the bequeathed person is alive violates their hidden shares and will cause irreparable damages when his death is expected. They cannot request an injunction on any grounds. In short, the rights of heirs depend on the death of the testator.
According to the Civil Code, as a rule, only hidden heirs can open a tenkis case. As we mentioned above, the hidden heirs are the lower lineage of the testator, his parents and his wife.
Since the right to file a tenkis lawsuit is a right that protects each registered heir exclusively, both the representative assigned to the inheritance company and the probate officer (probate officer) are not authorized to file this lawsuit.
Each registered heir can open the case independently of the others. Although the amount of encroachment on the savings rate here is calculated taking into account all the hidden shares; not the entire amount that can be criticized can only be criticized as much as the hidden share of the heir who filed a lawsuit. In other words, the hidden heirs who have not filed a lawsuit cannot benefit from this tenkis decision.
If the registered heir does not have a driving license for the act, his legal representative will open the tenkis case on his behalf. If he neglects this, he becomes liable in accordance with the provisions on the responsibility of the parent or guardian.
As we mentioned above, as a rule, only Heirs with a Hidden Share can file a tenkis lawsuit. However, except for the hidden heirs, their creditors have the right to file this case when the hidden heirs do not file a tenkis lawsuit. The purpose here is to ensure that creditors can receive what they will receive. However, they can only open this case if they have an incompetent record of the hidden heir to whom they are a creditor. The incapacity certificate must be on the date of the opening of the inheritance. If the incapable passport was received after the inheritance was filed, they cannot file a criminal case against the debtor, even if the court decision or enforcement proceedings have already taken place.
If the debtor is bankrupt, in this case, tenkis has the right to open its case at the bankruptcy desk. Creditors and the bankruptcy office may give the registered heir time to file a tenkis lawsuit and file a tenkis lawsuit if it does not yield results. The period here must be an appropriate period, or if it is absolutely clear that it will be pointless to give a period, the creditor or the bankruptcy office can file a tenkis case directly.
Creditors can only claim tenkis as much as their own receivables in the tenkis case they will open. Again, if the registered heir leaves the tenkis case filed by his creditors for the purpose of causing damage for a long time and does not follow up, the creditors can also prove it and file a tenkis case themselves. In the same way, if the reserved share heiress is removed from the inheritance by the testator, the creditors may request the cancellation of the deduction for the portion of the reserved share up to the amount of receivable.
In the Tenkis case, the defendants are the persons who made the gains by exceeding the savings ratio of the bequeathed person, encroaching on the reserved shares and subjected to criticism by law. These may be third parties or heirs.
In the event that the person who received the winnings has died, his heirs will be the defendant. If the winnings are made to more than one and different people, more than one person will be the defendant. If the heir has the right to sue all of them, he is also not obliged to do so. But he will have to endure the consequences of this. Because the turn rules in tennis can have consequences against you.
As a rule, a tennis case can be filed against people who have been awarded a win. However, the Supreme Court accepts as an exception that the goods subject to acquisition may be opened against these persons if they have been transferred to third parties. After the lien savings made by the testator to resolve the rules of the reserved share here, if the beneficiary assigns real estate to third parties who know the situation just to deprive the heirs of the reserved share of these rights, except for the information and instructions of the testator, these heirs with the reserved share may be sued for criticism against these malicious persons by these heirs.
The right to file a tenkis lawsuit is one year from the moment the heirs find out that their hidden shares have been violated. Lawsuits to be filed about wills fall within ten years from the date of the opening of the will and the opening of the inheritance about other savings (TMK m. 571). However, if the cancellation of one savings revives the other, the periods will only start to work on the date when this cancellation decision is finalized. A one-year period here does not work before the opening of the inheritance.
In the same way, in terms of wills, this period does not work until the will is opened. The beginning of the ten-year period is the date of the opening of the inheritance for interprovincial acquisitions and inheritance contracts, the date of the opening of the will forquest. Decennial is the date of the opening of the bequest. The date of opening of the will is the day when the heirs known to the judge are summoned and opened in front of them after the will has been deposited with the Magistrate’s Court. As another special case, if a savings subject to criticism becomes valid with the cancellation of a savings, the periods begin to work from this moment on.
These one- and ten-year periods, to which the Tenkis case is subject, are not statute of limitations, but periods of limitation of rights.
The courts in charge of the Tenkis case are the Courts of First Instance.
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