Mesajı Okuyun
Old 20-10-2008, 20:23   #7
Tiocfaidh

 
Varsayılan

Alıntı:
Yazan Konuk
Mr. or Ms. Tiocfaidh, thank you for replying to my post..really, thank you alot.

You are right, the Italian marriage is valid because my mom never did anything after dad left, but if I tell Turkey about it, my dad could go to jail for bigamy and i don't want to cause this kind of problem for him. All I really want is the Turkish government to know that I exist and for them to add me as his dependent son in the registration office.

Can I do this in a way that he won't go to jail?. I have my Italian birth certificate with my dad's signature and I also have their marriage certificate. I have read something that says that I should have my birth registered through the Turkish embassy in my city, but if i do this, I guess the marriage will also have to be registered to prove i'm his legitimate son. I will also have to go to the army if my birth is registered, but I speak no Turkish and don't have the money to pay army to go for 3 weeks and i'm afraid to go to army because i don't know anybody there.

It seems that the only way to get my rights for future is by exposing my dad's broken laws, that he left a marriage and child without divorcing...i did not want to do this so i guess i have a choice to make, make problems for my dad or get my rights...hmmm, not a good choice for me, it makes me feel bad and worried...don't know what is the right thing to do...what he did to mom and me was wrong, but for son to send his dad to jail is also wrong.

You are very welcome, I just hope my messages have been useful and you are somewhat informed about your status and probable rights you can claim from your father. You can call me Tiocfaidh or shorly Tio without any prefix such as Mr or Ms, but I'm a guy if you wonder what gender I am.

You don't need to file an affiliation/a paternity suit in Turkish courts if your father recognizes the your pedigree by himself. Thus, you won't need to prove the ex marriage of him and your mother in order to win the case. It's not a compulsory to have been born in marriage for having inheritance rights in Turkish law as long as the child gets recognzied by the father. You can acquire the same rights from your father's inheritance as well as his other son just by getting recognized by your father even without mentioning of your mother and their ex marriage. However, you have every right to file the case of affiliation against your father and expose everything needed to be known if he resists not to recognize your pedigree.

Alıntı:
Yazan Konuk
Thank you for getting back so quickly. I can confirm that my wife died in July 2007 which presumably means that the latest part of the law applies. Could you explain to a layman what portion if any of the property could go to her brother.
I am reading it that he could have nothing or at most an 1/8th.
Thanks and regards
Christopher

Dear Christopher, I'm afraid not to have been understood well.

I'm repeating once again in case there's something needing to get clarified in your mind. There's no right of your wife's brother such as "reserved portion" since she passed away after the new regulation had come into effect. Thus, you can have everything left from her(provided that there's a valid testament your wife left with the purpose of devesting every inheritance rights of her brother and she has no inheritors other than her brother) without getting to share with anyone else. Yet, he would have acquired the 1/8 of his inheritance rights(50% of your wife's assets) if your wife died before the new regulation was enacted on 10th May 2007.

In summary, considering that she passed away in July 2007 and there's a valid testament devesting her brother's inheritance rights, you are the only inheritor of your wife without getting to share her assets with anyone else, including her brother.

I've tried to sum everything up as understandable as to be comprehended by people unfamiliar to Turkish law, however I'm still here if there's something needed to be elaborated and/or clarified.

Regards