The Court Authorized to Issue an Inheritance Certificate for Foreign Deceased – The Decision of the Court of Cassation

T.C. SUPREME
20. Legal Department Main No: 2016/5739
Decision No :2016/10025
Decision Date: 03.11.2016
Supreme Court Decision
COURT: Magistrate’s Court
In the Decease between the parties…. Magistrate and … 8. Separate non-jurisdiction by the Magistrates’ Courts
all documents in the file sent to determine the place of jurisdiction due to the decision being made
examined, considered as necessary:
decision
The case is related to the request for the issuance of a certificate of inheritance.
… By the Magistrate’s Court, the muris and the heirs are foreign nationals (Greek citizens),
murisin …. 6. The Decision of the Civil Court of Peace numbered 2012/347 Basis- 2012/560 and the Sale
With the 2013/98 sales file of the civil service, the amount that hit the murisin share can be obtained from the sale
in order to work, this case was opened, the real estate subject to the dissolution of the partnership case….located in l, this is
in this case, MÖHUK’s 20. the Courts of Istanbul are authorized to issue probate certificates in accordance with the article
a decision of non-authorization has been made on the grounds that it is.
… 8. The Magistrate’s Court, on the other hand, has strict jurisdiction in cases of issuing a certificate of inheritance.
there is no objection to the authority of the parties, the court cannot make a decision of non-authority ex officio
he made a decision of lack of authority on the grounds.
From the scope of the file, the dispute, the request for the issuance of a certificate of inheritance belonging to the muris of the plaintiffs
it is understood that you are related.
Request for inheritance, provisional 3/2 of HMK No. 6100. article 382 of the HMK. uncontested in its substance
counted from judicial affairs 384. unless there is a contrary provision in the law, the non-contentious judgment
the court of residence of the person or one of the interested parties who has made a request for their work is authorized,
HMK’s 11/3. in the article on the cancellation of the inheritance certificate and the issuance of a new inheritance certificate
in the cases, it is stated that the court of the place where each of the heirs sits is also competent. This is hale
according to him, since there is no definite rule of authority in the cases of issuing a certificate of inheritance, the first case in which the case was opened
the one with the court…. It must be seen and concluded in the Magistrate’s Court.
CONCLUSION: For the reasons stated above; 21 and 22 of HMK No. 6100. according to the articles …. Peace
The DETERMINATION OF the Civil Court AS THE PLACE OF JURISDICTION was unanimously approved on 03/11/2016
it was decided.

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