Petition Sample
TO ANKARA CIVIL COURT OF FIRST INSTANCE ON DUTY
Plaintiff MİSARÇI: A….. B….. (T.C.:……………..)
ADDRESS
ATTORNEY:
ADDRESS
DEFENDANT HEIR: D….. B…..(T.C.:……………..)
SUBJECT OF CASE: It consists of our request to decide on the enforcement of the will.
DESCRIPTIONS
With this petition, the plaintiff, who requested the enforcement of the will from your Court, is the defendant’s brothers and their father is the testator C….B…. (Identity information of the deceased is attached to the petition Annex-1), ../../…. He died on his date. As it can be understood from the certificate of inheritance (Annex-2) we have submitted in the annex to the petition, the plaintiff client and the defendant are the sole heirs of the testator.
Delegate ../../…. By issuing a will (Annex-3) at the Ankara .. Notary on the date of his death, the plaintiff left a part of the estate to the client in accordance with the maintenance contract until his death.
The defendant side, the will is against the procedure and the law in all aspects; He claimed that it was prepared for the purpose of smuggling property from D….. B….., who is the hidden shareholder and other legal heir of the testator, and that this will does not meet the legal requirements, and that there cannot be a maintenance contract between the testator and the client until he dies; in this way, Ankara … Civil Court of First Instance replaced the case for the annulment of the will with the file numbered 2021/… (Annex-4).
As a result of the proceedings, this unfounded lawsuit, which was substituted by the opposite side D….. B….., was rejected with the decision numbered 2021/… Main 202../… the decision is final.
With this decision, with the finalization of the will, it became necessary for us to demand the enforcement of the will, since transactions will be made in the land registry and official offices related to the specified property will.
LEGAL REASONS: TMK, HMK, Attorneyship Law and other relevant legislation
EVIDENCE: Identity registration information of the deceased, Certificate of Inheritance, ../../…. The will prepared by the Ankara .. Notary on the date of Ankara … Civil Court of First Instance 2021/… File no., witnesses, all other documents
CONCLUSION AND REQUEST: For all the reasons explained above and which will be taken into account by your Court ex officio, ../../…. We supply and demand, by proxy, to decide on the enforcement of the will drawn up by the Ankara .. Notary. 04/11/2021
Plaintiff A….. B….. Attorney
