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Turkish Inheritance law

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Old 14-04-2013, 12:45   #61
gcindemir

 
Varsayılan

Well, I believe my article can also contribute to the discussion.
Turkish Inheritance Law
Old 23-01-2015, 01:28   #62
Konuk

 
Varsayılan

Hi my father died last February he left a will here in uk he has houses in turkey and money in the bank when we went to find out about getting things sorted we were told that his will he made here dosnt count in turkey I'm just asking is this true every time we ring r solicter tels us oh I'm waiting for a date for the court . Iv have paid him half of his fee plus she said I had to pay him 700 euro for phone cals witch he hasn't rang me once iv rang him cud u help me plz
Old 19-02-2016, 14:30   #63
Av.Kadir ORUÇ

 
Varsayılan

Alıntı:
Yazan Konuk
Hi my father died last February he left a will here in uk he has houses in turkey and money in the bank when we went to find out about getting things sorted we were told that his will he made here dosnt count in turkey I'm just asking is this true every time we ring r solicter tels us oh I'm waiting for a date for the court . Iv have paid him half of his fee plus she said I had to pay him 700 euro for phone cals witch he hasn't rang me once iv rang him cud u help me plz

Dear Konuk,
Although a long time has passed since you wrote your massage, I have thought it will be useful to write something about the matter. When a lawsuit procedure has been started, I mean when your lawyer has submitted your lawsuit petition, the court clerk takes probable litigation costs in advance (from plaintiff). If any money remains not spent at the end of proceeding, it is given to the plaintiff back. And the courts do not determine the first hearing day as soon as you open your case. There is a course which is called "preliminary examination". The court only determines the first hearing when this "preliminary examination" is duly completed. This period may take a few months. In my opinion, although you say your lawyer has taken capital for telephone calls, it must be for probable litigation costs taken in advance. And I do not think that your lawyer has any fault for delay of the first hearing.
Best regards
Kadir ORUÇ
Attorney
Old 10-04-2017, 04:33   #64
Konuk

 
Mesaj Inheritance law regarding land in Turkey

Hi,
I am hoping that someone may be able to help me. Recently, my husband found out that he has inherited land from his father and grandfather who have passed. When the land was divided among the heirs, my husband was not notified and his share (land title) was given in trust to his cousins. Who were supposed to give and transfer to my husband. They have since listed this land for sale without my husbands approval and against his wishes. They are refusing to hand over the title. To my understanding, Turkish law states that direct heirs have a right to their shares. How do we proceed and what are my husbands rights? He is a Turkish citizen but lives in Canada. He tried to speak with them on the phone and we have a recorded phone conversation where he is being threatened and told to wait for their call. We also have paperwork from his shares and land locations. Please help!
Old 03-05-2017, 11:21   #65
Av.Kadir ORUÇ

 
Varsayılan Inheritance law regarding land in Turkey

Alıntı:
Yazan Konuk
Hi,
I am hoping that someone may be able to help me. Recently, my husband found out that he has inherited land from his father and grandfather who have passed. When the land was divided among the heirs, my husband was not notified and his share (land title) was given in trust to his cousins. Who were supposed to give and transfer to my husband. They have since listed this land for sale without my husbands approval and against his wishes. They are refusing to hand over the title. To my understanding, Turkish law states that direct heirs have a right to their shares. How do we proceed and what are my husbands rights? He is a Turkish citizen but lives in Canada. He tried to speak with them on the phone and we have a recorded phone conversation where he is being threatened and told to wait for their call. We also have paperwork from his shares and land locations. Please help!

Hi,
First of all you need to understand the situation as clear as possible. What happened there and through what transactions the property (which includes your husband’s share) passed to his cousins. What I recommend to your husband is him to find and hire a lawyer who works in the region (or near to the region) where the land was inherited. So your husband sends or e-mails whatever you have (paperwork, documents etc.) to the lawyer, he/she makes enquiry first if necessary and informs your husband. You understand the situation much clearer (you have concrete information), you debate the situation, than he/she does whatever necessary (administrative or judicial) here in favour of your husband after taking his consent.

Regards

Kadir ORUÇ
Attorney
Old 27-11-2017, 22:31   #66
Oleg

 
Varsayılan

Hello!
I've searched most of the internet to no avail, maybe you can help me.

My father died 9 days ago. He had a shared property with my mom in Turkey.
The questions are:

1. What is the order of steps we should take with my mom to transfer property from mom&dad to mom&me.

2. What are the deadlines for documents we need to get? I've heard some information that we have only a month after a persons death to translate his "death certificate" and bring it to Tapu office.

3. What will happen if we fail to meet this deadlines?

4. What amount of fees we should consider?

Thank you very much!
Old 25-12-2017, 19:08   #67
Av.Kadir ORUÇ

 
Varsayılan

Alıntı:
Yazan Oleg
Hello!
I've searched most of the internet to no avail, maybe you can help me.

My father died 9 days ago. He had a shared property with my mom in Turkey.
The questions are:

1. What is the order of steps we should take with my mom to transfer property from mom&dad to mom&me.

2. What are the deadlines for documents we need to get? I've heard some information that we have only a month after a persons death to translate his "death certificate" and bring it to Tapu office.

3. What will happen if we fail to meet this deadlines?

4. What amount of fees we should consider?

Thank you very much!

Dear Oleg,
1. May your father rest in peace. You have to provide “Certificate of Inheritance” that shows who are heirs of the deceased person formally, first. “Certificate of Inheritance” is different from “Death Certificate”.
2. If “Certificate of Inheritance” you have provided is taken from another country (other than Turkey), it must be “recognized” by Turkish authorities.
3. Then you may apply with that document to Tapu for making the property transferred to the names of heirs. There is no deadline for this. It may stay under the name of the deceased person. It doesn’t mean that your rights will injure.
4. There is no deadline (period) for transfers in Tapu as I said above.
5. As far as I am concerned, no fee is taken for this kind of transfers in Tapu.
6. But you must inform the municipality real estate department that your father died and who will pay real estate tax from now on.

Best regards.
Kadir ORUÇ
Old 07-04-2018, 18:06   #68
Konuk

 
Mutlu

Hello, my mother died this month in Turkey, she owned a property with my step dad, both owned an equal share, could you please tell us where me and my brother stand in relation to this property, what proportion of the property would we be entitled to, could we force him to sell the property or how would we obtain the value we are entitled too.
Old 27-04-2018, 14:30   #69
Av. Kadir

 
Varsayılan

Alıntı:
Yazan Konuk
Hello, my mother died this month in Turkey, she owned a property with my step dad, both owned an equal share, could you please tell us where me and my brother stand in relation to this property, what proportion of the property would we be entitled to, could we force him to sell the property or how would we obtain the value we are entitled too.

Is the property in Turkey? Then it's best to contact a lawyer in Turkey. If it's elsewhere, it's best to see a lawyer from that country.
Old 27-04-2018, 14:30   #70
Av. Kadir

 
Varsayılan

Alıntı:
Yazan Konuk
Hello, my mother died this month in Turkey, she owned a property with my step dad, both owned an equal share, could you please tell us where me and my brother stand in relation to this property, what proportion of the property would we be entitled to, could we force him to sell the property or how would we obtain the value we are entitled too.

Is the property in Turkey? Then it's best to contact a lawyer in Turkey. If it's elsewhere, it's best to see a lawyer from that country.
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