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Old 03-03-2007, 01:30   #1
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Varsayılan Reserved portion

Hope some kind person can help.

My Turkish husband lost his older brother in a tragic road accident 4 weeks ago. His grief (and mine) is very deep but we are trying to sort out practical matters in order to help the family.

General information regarding the family situation is as follows;

The family consisted of father who is very ill and has been bedridden for 10 years, 4 brothers and 3 sisters. The family exchanged their land for two apartments with signatures of agreement from all family members. Certain family members including my husband verbally agreed they wanted no part of the new apartments and they were to provide security for the less fortunate members of the family.

The facts of the situation are as follows;

The tapu for the apartment where our deceased brother lived was solely in his name. He leaves behind a wife and 3 daughters and a son to a previous partner he was not married to.

After his death the family took out loans to cover expenses and pay off debts on credit cards that had furnished the apartment and supported his wife with genuine commitment. As soon as debts were paid his widow applied to the court for his family to vacate the apartment including her ailing father-in-law and police arrested 3 family members but openly stated they were appalled by her bahaviour and no court appearance was deemed necessary. However the family vacated the apartment the following morning as her wish and with real shock at this time of mourning.

His widow plans to sell the apartment and live with her family and we understand that his children will inherit 75% and she 25%.

İn light of the fact that the apartment was family property though we realise the Tapu situation has deemed this pointless we are wondering if his father or siblings have any rights under the reserved portıon?

Despite what has happened we are greatly concerned about his children especially as she has rejected her in-laws involvement in their lives BUT there are other family members who deserve our concern too.

Please advise.
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