What is Legal Inheritance?
There are two types of inheritance forms: the “legal heir” and the “designated heir”, who have the right of inheritance on the land plot during the division of property in the inheritance.
Legal inheritance is a statute of inheritance law that does not depend on the will of the testator and originates directly from the law upon the death of the testator. Decriminalization of legal inheritance is regulated by articles 495-501 of the Civil Code. According to this, the legal heirs are the blood, adopted and child of the testator and the surviving spouse (MK m. 495-501).
An appointed heir is a person who becomes an heir by the fact that the testator leaves part or all of his inheritance to a certain person of his own free will.
In case of Murisin’s death, the sharing of property causes complex legal problems, especially due to the numerous cases of inheritance evasion that have been encountered in recent years.
A PETITION REQUESTING THE ISSUANCE OF A PROBATE ORDER
………. JUDGE OF THE MAGISTRATE’S COURT
THE REQUESTING : …………………..
TC IDENTIFICATION NUMBER : ……………….
ADDRESS : ………………..
attorney : …………………
(Legal representatives of the parties, if any)
address : …………………………
(Legal representatives of the parties, if any)
SUBJECT : It includes our request to issue a certificate of inheritance.
descriptions
1-) our client’s father/mother …/…/… dead on (Appendix 1) is; left wife, daughter, son … in (Appendix 2), by his first marriage with his mother/her father is a Turkish citizen who is not a girl who live abroad (Appendix 3)…..it has remained.
2-) In order to obtain a certificate of inheritance …/…/… on the date ……. The application made by our client to the notary Public Office was rejected on the grounds that the bequeathed daughter is a foreign national, the population records are not clear from the point of view of this heir, and the certificate of inheritance cannot be issued by notaries in this case (October 4).
3-) In order to determine the heirs and shares of the testator and to ensure that this is determined by the certificate of inheritance, an obligation has arisen to apply to your court.
LEGAL REASONS : 4721 P. K. m. 598, 6100 pp. K. m. 382-388, 1512 Pp. K. m. 71 / B, Regulation m on the Procedures And Principles for Issuing a Certificate of Inheritance And Inviting the Leaving Spouse To a Common Residence To Be Performed By Notaries. 5
LEGAL EVIDENCE : Death certificate and a copy of a burial permit, Population records, ….an identity document belonging to his citizenship, a response to a refusal issued by a notary public
CONCLUSION AND REQUEST: For the reasons described above, we offer and request by proxy on behalf of our client that the decision be made to issue an inheritance certificate showing Muris’ heirs and inheritance shares…./…/…
ATTACHMENTS:1- …/…/… October death certificate and a copy of the death permit
2- Population records
3-….identity document of the citizen
4-… The answer to the refusal given by the Notary Public
5- An example of a certified power of attorney.
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