Those Who Are Legal Heirs on the Basis of Blood
1. HEIRS OF THE DEGREE (GROUP)
The first-degree heirs of the testator are his or her descendants. Children are equally heirs. The children who have died before the inheritor are replaced by their own children through each degree of succession.
HEIRS OF THE DEGREE (GROUP)
The heirs of the one who left an inheritance that does not have an altso are his parents. They are the inheritors equally. The places of the parents and fathers who died before the inheritor are taken by their own sub-families through each degree of succession. When there are no heirs on one side, the entire inheritance remains with the heirs on the other side.
HEIRS OF THE DEGREE (GROUP)
The heirs of the child, his parents and the one who inherits the child who does not have the child are his great-parents and great-grandparents. They will inherit equally. The great-parents and great-grandfathers who died before the inheritor are replaced by their own descendants through all degrees of succession. If one of the great-grandfathers and great-grandfathers by the parents died before the one who inherited the child, the share that falls to him remains with the heirs on the same side. If both maternal and paternal great-grandparents died before the one who left the inheritance, regardless of their ancestry, the entire inheritance remains with the heirs on the other side. The surviving spouse if you have one of the legacy of the great father and great mother have died before birakand share if your own child; child, or the great father and great home on that side; large master on one side and grand-father were both killed if their shares to the other side passes.
Inheritance of Extramarital Affairs:
From the point of view of the father, there are 2 conditions for the child out of wedlock to become an heir:
The child must be born out of wedlock. A genealogical bond should be established between the child and the father. Dec. Those who were born out of wedlock and whose lineage was established by recognition or judge’s decision become heirs from the father’s side, such as his in-wedlock wives.
Inheritance of Adoption
The adopted and the child become heirs to the adopter like blood. The inheritance of the adopted child in his own family also continues. The adoptive parents shall not be the heirs of the adopted child.
The Right of Inheritance of the Surviving Spouse
In order for the surviving spouse to inherit, there must be a marital bond with him at the time of the death of the testator, this bond must not have expired at the time of the death of the testator. A divorced spouse cannot inherit. However, the fact that only a Divorce has been filed does not prevent the inheritance. If one of the spouses dies before the divorce is finalized, the surviving spouse will again become the heir. Because the divorce guardian falls with death. However, the reason for the divorce is that the cana caste is an obstacle to the inheritance of this spouse. The spouse who dies during the period when they live apart due to the Separation Decision, the other becomes the heir, the spouse who dies while the Butlan Case is ongoing becomes the heir. The surviving spouse has 2 basic rights that differ from each other on the assets of the deceased spouse. If there is a Regime of Participation in Acquired Property, which is the Legal Regime between spouses, the right to demand from other heirs that they will receive participation and that they will receive a share of Dec increase in value arises. Each spouse or their heirs shall be entitled to half of the residual value belonging to the other spouse if they have not determined another basis by contract.
In case of death of one of the spouses, if there are household items or housing in which the spouses live together between the Decommissioned property, the surviving spouse may request that he be granted property on them, which is equivalent to the right of inheritance. Since the residual value of the deceased spouse’s personal property and Acquired Property Regime will be transferred to the deceased spouse, the heiress has a share of inheritance over them. The surviving spouse becomes the heir according to the following proportions to the one who inherits according to the group he is with
If he becomes the heir together with the altsoy of the one who inherits, he receives a quarter of the inheritance. I. The heirs of the group receive 3/4 of the shares. If the inheritor inherits together with the parent and paternal group, he receives the side of the inheritance. II. The heirs of the group receive 1/2 share. If the inheritor inherits together with the great-parents and their children, he receives three-quarters of the inheritance. Start the degree and leave 1/4 share to your children. If there are none of these, the wife will inherit the entire inheritance.
Inheritance of the State
The inheritance of a deceased person passes to the State without leaving an heir.
Reserved Heirs:
The heirs with Reserved Shares are the heir apparent, the father and mother, the brothers and their spouses. Reserved Shares are Legal inheritance shares that the testator cannot eliminate with a saving due to death.
Reserved shares
Reflection of the share of legal inheritance for Altsoy,
A quarter of the share of legal inheritance for each of the parents,
One eighth of the share of legal inheritance for each of the brothers,
For the surviving spouse:
If he is the heir together with the Altsoy or the clan of parents, the entire share of legal inheritance is three-quarters of the share of legal inheritance in other cases.
Death-Related Savings
TMC. M.according to 505; As an heir, the one who leaves an inheritance with his parents, brothers or wife can save on death in the part of his inheritance other than the reserved shares. If there are none of these heirs, then the one who left the inheritance can save on the entire amount. The Hidden Share is TMK. M.according to 506, the reserved share consists of the following proportions:
for each parent and father, one-fourth of the legal inheritance share, one-eighth of the legal inheritance share for each of the siblings, for the surviving spouse, the entire share of the legal inheritance if he is the heir along with the parent or the parent and father group, in other cases, three-quarters of the legal inheritance share.
How is the “savable part (savings quorum)” of the terek calculated?
The savable part is calculated according to the state of the estate on the day of the death of the testator. When calculating, the debts of the testator, funeral expenses, the costs of sealing and writing the estate, the quarterly living expenses of those who live with the testator and are cared for by him are deducted from the estate. To the extent that they are subject to Decriminalization, the gratuitous earnings of the bequeathed person are added to the balance in the account of the savable part. If the testator enters into a life insurance contract in favor of a third party to be paid at his own death, or subsequently appoints such a person as a beneficiary, it also provides for the right of claim against the insurer, or if he transfers it to a third party in exchange for savings due to death, the purchase value of the insurance receivable at the time of the death of the testator is added to the haereditas.
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