How to share the inheritance is freely decided by the heirs. The rules set by the inheritor about how to share and how to create shares are binding on the heirs. The creation and actual receipt of the sharing agreement or shares that they will make between them binds the heirs Decisively.
The sharing agreement is subject to written form, otherwise it will not be valid. The heirs have equal rights over all the property of the estate in sharing. Each of the heirs may request that the debts of the estate be paid before sharing.
The shares are created by the heirs according to the number of heirs. In case of dispute, the shares are created by the magistrate’s court at the request of one of the heirs. The determination of the shares, that is, the allocation to the heirs, is also by the agreement of the heirs, and in case of disagreement, lots are drawn. The main thing is that the distribution is done exactly, if this is not possible, the distribution will be done through sales.
In the event that the heirs cannot reach a joint decision or cannot agree on the sharing of the inheritance, the heirs may also request the sharing of the inheritance from the court. Each heir may request the magistrate’s court to decide on the distribution of certain goods in the estate in kind, if there is no possibility, through sale. Upon the request of one of the heirs, the judge, taking into account the entire estate and each of the goods in the estate, makes the distribution by giving all of each of the immovables to an heir, if possible. The difference between the values of the immovables given to the heirs is eliminated by paying money and equalization is achieved between the inheritance shares. Decoupling is Decoupled between the shares of the inheritance.
A creditor who has inherited or seized the share of an heir in the opened inheritance, or who has a certificate of incapacity to pay a debt received against the heir, may also ask the magistrate to appoint a trustee to participate in the sharing instead of this heir.
Inheritance cases have a wide variety, and in general, if you need to count the types of lawsuits on this issue; inheritance partnership and inheritance sharing, deed cancellation and registration lawsuit based on muris agreement, criticism lawsuit, equalization lawsuit, formal cancellation of the will, elimination of the inheritance agreement lawsuit, cancellation of the inheritance sharing agreement can be started as a request. Heritage partnership TMK m.pursuant to Article 624, unless the heirs are obliged to maintain this partnership within the scope of the law or a contractual obligation, it can always be terminated as a result of their desire to share the inheritance.
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