EN SUPREME COURT
Law Office
Originally: 2015/12937
The Verdict: 2016/2555
Decision Date: 01.03.2016
REQUESTS FOR ISSUING A HERITAGE CERTIFICATE – POPULATION REGISTRATION INFORMATION AND ADDRESS HAVE NOT BEEN RESEARCHED, THESE ISSUES HAVE NOT BEEN ASKED FROM THE LAND REGISTRY DIRECTORATE – PROVISION HAS BEEN MADE
SUMMARY: There is no doubt that all kinds of means should be used to determine the identity records and addresses of the deceased person and his heirs and to obtain this information. However, the court did not investigate the land registry records and supporting documents, the contract table and the identity information and address of the inheritor regarding the immovables owned by the inheritor, and the Land Registry Directorate was not asked about these issues. If there is an immovable property belonging to the inheritor, the land registry and documents showing the lower and upper lineages of the inheritor, as well as population records….
(4721 SK Md. 30)
Case and Decision: At the end of the hearing held on the request of the plaintiff’s attorney to issue an inheritance certificate with a petition filed on 25.03.2015, the plaintiff’s attorney requested that the decision dated 10.07.2015 on the rejection of the case be examined by the Supreme Court, and upon the acceptance of the appeal petition, which was apparently granted during the file and all the documents in it, the necessary evaluation was made by examining:
The case relates to the request for a certificate of inheritance.
The plaintiff’s attorney claimed and sued that the inheritor … passed away on 10.03.1963, was single and childless, and that the inheritor was the grandson of his brother.
brothers of the deceased as heirs of the deceased….,…., …., .. and … it remained … the District Population Directorate had a fire before 1955, the records were created by terrestrial writing in 1956, the population records before 1955 (death, marriage, divorce) and the population records of the deceased’s siblings could not be accessed, from witness statements …..even if the heirs of can be identified … and ….since it is understood that they do not have any information about the death of single and childless…. and ….
The decision was appealed by the plaintiff’s attorney.
30 of the Turkish Civil Code No. 4721. in accordance with the provision of the article, it is explained that birth and death can be proved by the records in the population register, if there is no record in the population register or if it turns out that the record found is not correct, the actual situation can be proved by any kind of evidence. In our law, the principle of preparation of the parties applies in cases subject to contentious jurisdiction and depends on the demands of the dominant parties.
The judge is obliged to make a decision based on the cases put forward by the parties making the request and the evidence they put forward. In cases subject to a non-contentious trial, the principle of independent investigation prevails. Decisions made in cases filed without objection and subject to judicial proceedings without dispute do not constitute final judgments, and these decisions may be changed or eliminated as a result of the annulment proceedings.
In the concrete case, there is no doubt that the identification records and addresses of the heirs and their heirs should be determined and all kinds of means should be used to obtain this information. However, the court did not investigate the title deed records and supporting documents related to the immovables owned by the inheritor, the identity information and address of the inheritor with the contract chart, and the Land Registry Directorate was not asked about these issues. If there is an immovable property belonging to the inheritor, the land registry and documents showing the lower and upper lineage of the inheritor, as well as population records….
Conclusion:
For the reasons explained above, it was unanimously decided on 01.03.2016 to accept the plaintiff’s objections and to return the EXCESSIVE FINE of the penalty and the advance paid fee to the depositor if requested.