Heritage Sharing
How the inheritance will be shared is freely decided by the heirs. The rules set by the legator on how to share and how to create shares are binding for the heirs. The sharing agreement between them or the creation and actual receipt of shares bind the heirs.
The sharing agreement is subject to written form, otherwise it will not be valid. The heirs have equal rights over all the properties of the estate. Each of the heirs may request that the debts of the estate be paid before sharing.
The shares are formed by the heirs by the number of heirs. In case of disagreement, the shares are formed by the magistrate’s court at the request of one of the heirs. The allocation of the shares, that is, the allocation to the heirs, is made by agreement of the heirs, and in case of disagreement, lots are drawn. The main thing is to make the distribution exactly, if this is not possible, it will be shared through sales.
In the event that the heirs cannot reach a common decision or cannot agree on the sharing of the inheritance, the heirs may also request the sharing of the inheritance from the court. Each heir may request from the magistrate’s court to decide on the distribution of certain goods in the estate in the same way, if not possible, by sale. Upon the request of one of the heirs, the judge makes the distribution by giving all of the immovable to an heir, if possible, taking into account the entire estate and each of the goods in the estate. The difference between the values of the immovables given to the heirs is eliminated by paying money, and equalization is ensured between the inheritance shares.
The creditor who has taken over or confiscated the share of an heir in the opened inheritance or who has a certificate of insolvency against the heir can also ask the magistrate to appoint a trustee to participate in the sharing instead of this heir.
Inheritance lawsuits have a wide variety, and to list the types of lawsuits on this subject in general; Inheritance partnership and division of inheritance, deed cancellation and registration case based on successor collusion, criticism case, equalization case, formal cancellation of will, elimination of inheritance contract, annulment of inheritance sharing contract. Inheritance partnership can be terminated as a result of always requesting the inheritance to be shared, unless the heirs are obliged to continue this partnership pursuant to article 624 of the Turkish Civil Code, within the scope of the law or a contractual obligation.
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