Supreme Court of the Republic of Turkey
1. Legal Department
Basis: 2019/ 3518 Decision: 2020 / 762
Decision Date: 10.02.2020
JUDICIARY DECISION
COURT: …REGIONAL COURT OF COURT OF COURT 1st LAW OFFICE
TYPE OF CASE:
DEED>
CANCELLATION AND REGISTRATION
In the case that was brought together between the parties;
In the original and joined lawsuit, the plaintiffs have conveyed that the decedent … and … assigned the independent section number 2 located on plot 1753 island 1, which is the subject of the lawsuit, to the defendant … by sale, for the purpose of smuggling property from the heirs, free of charge and
arguing that he is fake
deed registration
With the cancellation of the inheritance, they demanded the registration in their name in proportion to their inheritance.
When the defendant could not afford the treatment expenses, he said that he took care of his bedridden inheritor mother and father, that he made many expenses as treatment expenses, that his father paid the debts of his father to the environment.
He defended the rejection of the lawsuit by stating that his father wanted the real estate to be sold, that he bought the real estate for this reason, and that the sale was real.
By the Court of First Instance, the assignment
it was decided to reject the case on the grounds that it was not collusive; The appeal application of the plaintiffs’ attorney was rejected on the merits by the 1st Civil Chamber of the District Court of Justice in accordance with Article 353/1.b.1 of the Code of Civil Procedure No. 6100.
Although the decision was appealed by the attorney of the plaintiffs in due time; The report of the Investigation Judge was read and his opinion was taken. The file was examined, should be discussed, he thought.
-DECISION-
According to the content of the file, the evidence collected, the legal and legal justification on which the verdict is based, and especially if there is no inaccuracy in the assessment of the evidence; APPROVAL of the judgment that is in accordance with the procedure and the law, with the rejection of the plaintiffs’ unfounded appeal, 10.00 written below. It was unanimously decided on 10.02.2020 that the TL balance approval fee be charged to the appellant.
