Inheritance Law Guide

Introduction: Basic Concepts of Inheritance Law

Inheritance law is the branch of law that determines to whom, in what proportions, and by what means the entire estate (inheritance) of a person passes upon their death. In this article, you will find detailed information offering solutions to the inheritance law issues faced by Turkish citizens living abroad, such as in Germany, concerning inheritance matters in Turkey.

1. Succession and Inheritance Rights

1.1. Legal Heirs

According to the Turkish Civil Code, legal heirs are divided into four main groups:

• Descendants: Children, grandchildren, and so forth.
• Ascendants: Parents, siblings, and nephews.
• Grandparents.
• Surviving spouse: Shares in every group.

1.2. Certificate of Inheritance (Veraset İlamı)

The certificate of inheritance is an official document that determines who the heirs are and their respective shares. It can be obtained from the peace court or a notary.

2. Estate and Determination of the Inheritance

2.1. What is the Estate?

The estate refers to all the active and passive assets of the deceased (the decedent). It includes all property, rights, and debts.

2.2. Lawsuit for Determination of the Estate

This lawsuit is filed to legally identify the entire estate of the deceased. It is especially important for heirs living in Germany because determining the estate left behind can often be challenging.

3. Distribution of the Inheritance

3.1. Joint Ownership (Elbirliği Mülkiyeti)

Heirs automatically become joint owners of the inheritance. In this case, the inherited property must be used jointly until it is divided either in kind or by value.

3.2. In Case of Disagreement: Partition Lawsuit (İzale-i Şuyu)

If heirs cannot agree on how to divide the inheritance, a lawsuit for the termination of joint ownership (Partition Lawsuit) is filed. The immovable properties are put up for sale, and the proceeds are divided among the heirs. This lawsuit is filed in the peace court.

4. Lawsuit to Prevent Unauthorized Use

Some heirs may use estate assets without the consent of other heirs. In such cases, a lawsuit to prevent unauthorized use can be filed to stop the use, and compensation for the unauthorized use (rental value) can be claimed.

5. Set-Off from the Estate and Reserved Share

5.1. Set-Off from the Estate

If the deceased gave property to an heir during their lifetime, this amount is deducted from that heir’s inheritance share. The rights of other heirs must not be harmed.

5.2. Reserved Share

The law guarantees a minimum inheritance share for certain heirs. The deceased cannot disregard this share. Those entitled to a reserved share are:

• Descendants
• Parents (in certain proportions)
• Surviving spouse

6. Wills and Inheritance Contracts

One of the most effective ways for the deceased to express their will is through a will.

• Official will
• Handwritten will
• Oral will (in exceptional cases)

7. The Importance of an Inheritance Lawyer for Turkish Citizens Living in Germany

For heirs living abroad, inheritance procedures in Turkey carry risks related to time, cost, and loss of rights. Through a lawyer, the following can be handled:

• Obtaining a certificate of inheritance
• Determining the estate
• Filing and following up on lawsuits
• Title deed transactions
• Claims for compensation for unauthorized use

What is a Partition Lawsuit (İzale-i Şuyu)? (Detailed Guide)

Introduction: Joint Ownership and Legal Issues

Under Turkish law, when multiple people have joint ownership rights over an immovable or movable property and this joint ownership cannot be continued, the main legal remedy is a Partition Lawsuit (İzale-i Şuyu), i.e., a lawsuit to terminate the joint ownership. This type of lawsuit is frequently used in dividing inherited properties, especially among siblings or relatives. This article provides detailed information about what a Partition Lawsuit is, how it is filed, the lawsuit process, court practices, and outcomes.

What is a Partition Lawsuit?

"İzale-i Şuyu" is a term of Arabic origin meaning "termination of joint ownership." Legally, it is a lawsuit filed to end joint ownership. This lawsuit is regulated under Articles 698 and following of the Turkish Civil Code.

1. Types of Joint Ownership

Partition lawsuits usually arise in two types of joint ownership:

• Co-ownership with Shares (Hisseli Mülkiyet): Each co-owner has a specific share and can dispose of their share.
• Joint Ownership (Elbirliği Mülkiyeti): Common in inherited properties, where shares are not specifically determined and joint consent is needed for transactions.

Who Can File a Partition Lawsuit?

• Any co-owner can file the lawsuit.
• Consent from all co-owners is not required.
• Heirs living abroad can file this lawsuit through a power-of-attorney lawyer in Turkey.

Especially Turkish citizens living in Germany frequently resort to this lawsuit in case of disputes concerning immovable properties remaining in Turkey.

For Which Properties Can a Partition Lawsuit Be Filed?

• Co-owned immovable properties (land, fields, buildings)
• Co-owned movable properties (vehicles, goods)
• Joint properties acquired through inheritance

What Happens if the Property Cannot Be Divided in Kind?

If the property cannot be physically divided, the court orders the joint ownership to be ended by selling the property. The proceeds are distributed according to the shares of the parties.

How is a Partition Lawsuit Filed?

Required Documents:

• Title deed records
• Certificate of inheritance (if acquired by inheritance)
• Address information of the property

Competent Court:

• Competent court: Peace court
• Jurisdiction: Court where the property is located

How Does the Lawsuit Process Proceed?

1. Filing the lawsuit with a petition to the peace court.
2. Notification to other co-owners.
3. Court examines whether the property can be divided in kind.
4. Usually, an expert report is obtained.
5. Decision: If the property can be divided in kind, shares are allocated. Otherwise, sale is ordered.
6. Sale through enforcement office: Property is sold by public auction based on the court’s decision.

What is Division in Kind?

If the property can technically be divided (e.g., land), the court physically divides it. This is called division in kind. However, due to the nature of the property, zoning status, or economic loss, division in kind is often not possible.

Termination of Joint Ownership by Sale

In this method, immovable or movable properties are sold by auction through the enforcement office. The proceeds are distributed according to the heirs’ or shareholders’ shares. Sale is the most common method when parties cannot agree.

Common Issues in Partition Lawsuits

• Parties living abroad
• Communication problems among co-owners
• Disputes about property value
• Claims to prevent unauthorized use
• Fraudulent transactions during share sales

All these issues can be overcome with the help of a professional inheritance lawyer.

Advice for Those Living in Germany with Inheritance Issues in Turkey

• Grant a power of attorney to a lawyer in Turkey via a notary.
• Prepare a complete list of all assets and inheritance documents.
• Title deed procedures can be handled by the authorized lawyer.
• Physical presence in court for the partition lawsuit is usually not required.

Why is Lawyer Support Important?

Partition lawsuits involve both legal and technical aspects. Coordination of title deed, enforcement, and court processes is essential. Especially:

• Communication with title deed offices
• Proper execution of sales through enforcement
• Supervision of expert reports

These require serious expertise.

In this article, the following concepts were addressed:

• How to file a partition lawsuit
• Process of terminating joint ownership
• Inheritance lawsuits in Turkey from Germany
• Termination of co-ownership in immovable properties
• Peace court inheritance lawsuits

Conclusion: A Fast, Fair, and Legal Solution

The partition lawsuit is a powerful tool to legally and fairly end long-standing joint ownerships. It resolves disputes over co-owned properties and provides economic benefits to shareowners.

It is especially the most effective way for those seeking a quick solution regarding inherited houses, land, or similar immovable properties.