Post by account_disabled on Mar 6, 2024 22:19:50 GMT -5
If the testator died before 01.01.2002, the provisions of the Turkish Civil Code No. 743 must be applied, and if he died after 01.01.2002, the relevant provisions of the Turkish Civil Code No. 4721 must be applied. According to Article 506 of the Turkish Civil Code No. 4721, it is regulated that the reserved share for descendants corresponds to half of the legal inheritance share . Since the person appointed as the heir is the universal successor of the deceased, by opening an inheritance, he becomes the owner of the entire estate or a certain share of it, like a legal heir (TMK 599). In case the criticism case filed against the person appointed as the heir is accepted, it is sufficient to decide on the criticism in proportion to the reserved shares of the plaintiffs. (Supreme Court 2nd HD. Decision dated 18.5.1995, numbered 4699-5842, 2nd HD. Decision dated 13.06.2007, numbered 2006/16512-2007/10134). As for the concrete incident in the light of the information explained above; Even though the court complied with the reversal order, it was not fully fulfilled. As a matter of fact, according to the inheritance certificate found in the file, it was understood that the legal inheritance share of the plaintiffs was 3/20 shares, and when their reserved shares were calculated as half of the legal inheritance share for the descendants in accordance with Article 506 of the Turkish Civil Code, it corresponded to 3/40 for each plaintiff.
If the testator died before 01.01.2002, the provisions of the France Telegram Number Data Turkish Civil Code No. 743 must be applied, and if he died after 01.01.2002, the relevant provisions of the Turkish Civil Code No. 4721 must be applied. According to Article 506 of the Turkish Civil Code No. 4721, it is regulated that the reserved share for descendants corresponds to half of the legal inheritance share . Since the person appointed as the heir is the universal successor of the deceased, by opening an inheritance, he becomes the owner of the entire estate or a certain share of it, like a legal heir (TMK 599). In case the criticism case filed against the person appointed as the heir is accepted, it is sufficient to decide on the criticism in proportion to the reserved shares of the plaintiffs.
Supreme Court 2nd HD. Decision dated 18.5.1995, numbered 4699-5842, 2nd HD. Decision dated 13.06.2007, numbered 2006/16512-2007/10134). As for the concrete incident in the light of the information explained above; Even though the court complied with the reversal order, it was not fully fulfilled. As a matter of fact, according to the inheritance certificate found in the file, it was understood that the legal inheritance share of the plaintiffs was 3/20 shares, and when their reserved shares were calculated as half of the legal inheritance share for the descendants in accordance with Article 506 of the Turkish Civil Code, it corresponded to 3/40 for each plaintiff.
If the testator died before 01.01.2002, the provisions of the France Telegram Number Data Turkish Civil Code No. 743 must be applied, and if he died after 01.01.2002, the relevant provisions of the Turkish Civil Code No. 4721 must be applied. According to Article 506 of the Turkish Civil Code No. 4721, it is regulated that the reserved share for descendants corresponds to half of the legal inheritance share . Since the person appointed as the heir is the universal successor of the deceased, by opening an inheritance, he becomes the owner of the entire estate or a certain share of it, like a legal heir (TMK 599). In case the criticism case filed against the person appointed as the heir is accepted, it is sufficient to decide on the criticism in proportion to the reserved shares of the plaintiffs.
Supreme Court 2nd HD. Decision dated 18.5.1995, numbered 4699-5842, 2nd HD. Decision dated 13.06.2007, numbered 2006/16512-2007/10134). As for the concrete incident in the light of the information explained above; Even though the court complied with the reversal order, it was not fully fulfilled. As a matter of fact, according to the inheritance certificate found in the file, it was understood that the legal inheritance share of the plaintiffs was 3/20 shares, and when their reserved shares were calculated as half of the legal inheritance share for the descendants in accordance with Article 506 of the Turkish Civil Code, it corresponded to 3/40 for each plaintiff.