Sample Petition for the Cancellation of an Inheritance Certificate
TO THE HONORABLE COURT
…….
CASE NO.: …….
DEFENDANT RESPONDS: …….
ATTORNEY: …….
PLAINTIFFS: …….
ATTORNEY: …….
CASE: Cancellation of Inheritance Certificate
SUBJECT: Our response to the lawsuit.
EXPLANATIONS: 1-The events described in the petition are untrue. We object. As follows;
2-The plaintiff objects to the inheritance certificate dated ……. with reference number ……. and decision number ……. that we previously obtained from …….
3-The objections are completely unfounded. The plaintiff claims to be the child born out of wedlock of the deceased and therefore an heir.
4-The inheritance certificate is issued after examining the deceased’s population records. The court has done so. If the plaintiff has a claim, he must assert his claim to be the child of the deceased in another lawsuit, prove his claim, and change the population records according to this new decision. Only then can he file a lawsuit for the cancellation of the current inheritance certificate. However, the plaintiff has no such lawsuit. The inheritance certificate obtained is valid until proven otherwise.
5-We request the dismissal of the plaintiff’s baseless claims and the case.
CONCLUSION: For the reasons stated above, we request that the plaintiff’s lawsuit be dismissed, that the litigation costs and fees be borne by the opposing party, and that the opposing party’s attorney’s fees be paid to us in accordance with the last paragraph of Article 164 of the Attorney’s Law No. 1136, as amended by Law No. 4667.
DEFENDANT’S ATTORNEY