-SAMPLE PETITION-
SENTRY ( ) TO THE MAGISTRATES’ COURT
THE REQUESTER
HEIR :A….. B….. (T.C.:……………..)
Address
Attorney :
Address
DEFENDANT : UNFRIENDLY
THE OTHER MISARCHE: B……. C…….. (T.C.:……………..)
SUBJECT OF THE LAWSUIT: It consists of our request to reject the inheritance in its entirety due to the revelation that it is submerged in debt.
Descriptions
Client A….. B….. and B….C….. they are brothers and their father muris D….B….. October (murise’s credentials are presented in the petition annex October-1) , ../../…. He passed away on his date. As October 2 of the probate decision we have submitted in the annex to the petition, the client who made the request and the other heir B…. October 2………..C…. they are the only heirs of Muris.
There is no known will that Muris left. Since Muris’s assets are not known to his legal heirs, the determination of the estate was requested by the client from the Ankara ( ) Magistrate’s Court; as a result of the trial on this issue, 202 /…. Main 2021/…. The decision was determined with the decision numbered October (Annex-3).
As a result of the determination made, it was revealed that the liabilities of the estate were excessive and that it was submerged in debt. TMK 605. article “Legal and appointed heirs may refuse the inheritance. If the inability of the bequestee to pay on the date of his death is clearly evident or officially determined, the inheritance is considered rejected.” accordingly, the client, who is the legal heir, wants to completely reject the inheritance in question.
In accordance with Article 607 of the TCC, “In the case of writing the inheritance as a protection measure, the period of refusal of inheritance begins with the notification by the magistrate that the writing process has ended for the legal and appointed heirs.” Is called. In this way, since the client rejects the murisin inheritance unconditionally and unconditionally within the period from the date of the decision, we substitute this case for the determination and registration of the client’s declaration of rejection of the inheritance in the private ledger.
LEGAL REASONS: TMK, HMK, Law on Advocacy and other relevant legislation
EVIDENCE : Murise population registration information, Probate order, Ankara ( ) Magistrate’s Court 202 /…. Main numbered file, expert report, all other delail
CONCLUSION AND CLAIM : With all the reasons described above and re’ you will be considered by your court:
1-Determination and registration of the unregistered and unconditional rejection of the inheritance by the plaintiff client,
2-TMK 609. In accordance with the Article, we supply and request by proxy that the decision on the rejection of the inheritance be processed in the private registry. 05/11/2021
The Solicitor’s Proxy
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