Acquisition of Property By Foreigners With İnheritance İn Turkey
Dear website guest, welcome to our page. As a inheritance lawyer in Istanbul / Turkey, we will share useful information in this article.
In our country, a special law called MÖHUK is applied in legal affairs involving foreigners. Accordingly, MÖHUK will decide which law to apply to the foreign heir. According to this law, MöHUk’s basic principle on inheritance is as follows:
The inheritance is subject to the National Law of the deceased.
- Turkish law applies to inheritance provisions of real estate in Turkey.
- The procedural provisions applicable to the acquisition and sharing of inherited goods are also subject to the law in the country in which the inheritance is located.
In summary, the general rule inheritance provisions are subject to the National Law of the deceased. But the law that will apply to Real Estate in Turkey is Turkish law. In addition, the acquisition and division of the deceased’s goods which are in Turkey ,is also subject to Turkish law. As İstanbul/Turkey inheritance lawyer, we provide all kinds of legal support to get your inheritance, which is your right.
Accordingly, the heirs will apply to the Turkish court to obtain a certificate of inheritance, and their national laws will be applied in the court. Inheritance certificate obtained from abroad is not valid in Turkey. But this rule does not apply to citizens of countries that are parties to the Hague Convention, of which Turkey is also a party. Citizens of this country can obtain their inheritance in Turkey with the inheritance certificate they receive from their own country. To find out which of these countries, we recommend that you contact İstanbul/Turkey inheritance lawyer.
The division of real estate in Turkey is subject to Turkish law; the division of movable property will be followed by the National Law of the deceased. In accordance with the relevant article of the land registry law, it has regulated the reciprocity requirement for foreigners to acquire real estate through inheritance in Turkey. Accordingly, if Turkish citizens can acquire real estate through inheritance in the country where the heir is a citizen, the heirs of the deceased person in Turkey will also be able to acquire real estate through inheritance in Turkey. As İstanbul/Turkey inheritance lawyer, we provide all kinds of legal support to get your inheritance, which is your right.
For the transfer process after the death event, the procedures to be performed are as follows:
1-Collection of necessary documents:
- The first process to be performed after the death event is the collection of all types of documents proving the death. If the death occurred abroad, documents obtained from the hospital or related institutions should be prepared with Apostille commentary and a notarized Turkish translation. If the death occurred in Turkey, there is no need for Apostille commentary or translation.
2-) Preparation of power of attorney:
- In the second stage, the power of attorney must be given to the attorney who will follow the procedures. That is, since the transfer operations will also be performed in the deed at the end of the transactions, the power of attorney must also include these powers. As İstanbul/Turkey inheritance lawyer, we provide all kinds of legal support to get your inheritance, which is your right.
3-)Filing a lawsuit for obtaining Certificate of İnheritance
As İstanbul/Turkey inheritance lawyer we are honored to show our clients the most effective and correct way at this stage. The documents to be submitted to the court are as follows:
- Apostille annotation and notarized translation of documents proving the family connection of the deceased person with the heir.
- A petition for a lawsuit that must be filed in court when filing a lawsuit. In this petition, the documents given to the court must be explained in order and the certificate of inheritance must be clearly requested.
4-)Acquisition Of Heritage Property
- In order to acquire the immovable property of the inheritor, the heirs shall provide all kinds of evidence (burial paper, hospital report, report prepared by law enforcement authorities, documents prepared by the population and Citizenship Affairs units of foreign countries, etc.) that will prove the relationship between the inheritor and the heir after the death.) must collect. Documents obtained from official institutions of foreign countries should be translated into Turkish in an official manner and Apostille commentary/annotations should be added to these documents. As İstanbul/Turkey inheritance lawyer, we provide all kinds of legal support to get your inheritance, which is your right.
5-) Who can get a share or rights from the inheritance?
According to the status of the deceased, the heirs were listed as follows.
- Grandma or grandpa, etc. individuals can claim inheritance.
A person can also give a share of his inheritance to someone else in his health. In the case of such a situation, the division of inheritance is done according to these stakeholders. As İstanbul/Turkey inheritance lawyer we provide all kinds of legal support to get your inheritance, which is your right.
6-) How to share inheritance property?
Upon the death of the inheritor, there are multiple ways in which heirs can apply for the sharing of the inheritance. The first is the sharing of the inheritance through the agreement that the heirs will make between them. If there is no contrary regulation in the legal legislation, the heirs can freely decide how to share the inheritance in this way.
But if the heirs cannot agree between them, how will the inheritance be shared?
It would be much healthier to act with an Ankara/Turkey heritage lawyer because the process is difficult and there is a possibility of making mistakes in judicial processes. If the heirs are unable to reach an agreement on inheritance sharing, each of the heirs can request that the sharing of inheritance be made by the court by filing a ‘Inheritance sharing case’. In this case, all the assets of the inheritor are determined and the values of this assets are divided among the heirs. How much of the heir’s share will also be determined through this case.
As stated in Article 640/1 of the Turkish Civil Code, if there are multiple heirs, with the passing of the inheritance, a partnership between all heirs, covering all the rights and debts of the heiress, occurs. This partnership occurs spontaneously in accordance with the law, with the death of the inheritor, and continues until the sharing of the inheritance.
This partnership is a joint ownership. This joint ownership continues until the case for sharing the inheritance is concluded or until the agreement is reached. As İstanbul/Turkey inheritance lawyer we provide all kinds of legal support to get your inheritance, which is your right.
7-) What is joint Ownership?
The shares of the partners in the joint ownership are not clear, they have rights in all goods. In other words, a person who has a right to ownership in a joint property does not have a specific property or right, everyone’s right to ownership relates to the entire property.
For example, if the deceased father has 2 children and his wife alive, let’s assume that he has 3 apartments and 90,000-TL money in the bank. All that is left (2 children and a wife) will have this asset. One of the children will not be able to claim the £ 30,000 money directly from the bank. In the same way, he will not be able to ask for one of the inherited apartments to be given to him. In such a case, the parties may ask that the inheritance be shared by agreement between them or with the inheritance case. As İstanbul/Turkey inheritance lawyer, we provide all kinds of legal support to get your inheritance, which is your right.
vıı) Can Heirs Sell Without The Permission Of The Other Heir Before The Inheritance Is Shared?
This question is often asked to the Ankara/Turkey heritage lawyer. Because this is one of the first issues that comes to mind when a dispute arises about inheritance sharing. As mentioned above, heirs cannot sell inherited goods alone while joint ownership continues.
9-) The Process Of Selling Heritage Property
If the shares in the inheritance are determined by the agreement, the heirs can make the sale process by taking their share. But if there is no agreement and the goods are not divisible(for example, if there are 2 brothers and wife and there is an apartment there), then the parties can request the sale of goods by court decision.(dissolution of the partnership)
In this case, the court first determines the value of the goods subject to inheritance by an expert report, then the goods are offered for the purchase of the heirs, if the buyer does not come out of the heirs, the goods are sold to persons other than the heirs. . As İstanbul/Turkey inheritance lawyer, we provide all kinds of legal support to get your inheritance, which is your right.
10-) Determination of Heirs according to Turkish İnheritance Law
According to the Civil Code applied in our country, inheritance sharing is done with the degree system. According to the degree of kinship in inheritance law, people are divided into 3 groups: first, second and third heirs.
Heirs of the first degree include the children and grandchildren of the deceased person. Second-degree heirs include the deceased’s mother, father, siblings and nephews. The third degree includes the grandparents of the deceased person.
If there are heirs of the previous degree, the heirs of the lower degree do not have the right to inheritance. In addition, if the heirs die before the inheritors the share of the inheritance of the deceased heir passes to his own sub-lineage, that is, to his grandchildren. . As İstanbul/Turkey inheritance lawyer,, we provide all kinds of legal support to get your inheritance, which is your right.
11-)How Is The Distribution Of Inheritance Made Among Heirs?
In the case of inheritance,as we have described above, the heirs are listed by being called the first degree, second degree and third degree. In this respect, the distribution is done as follows. Distribution of inheritance is first made between first-degree rights holders. If first-degree heirs are alive, second-degree heirs do not have the right to receive a share of the inheritance. Again, if there is no heir of the first degree, the right to inherit passes to the heirs of the second degree. If there is a second-degree heir, third-degree heirs do not have the right to inherit.
12-) Duration Of Denial Of Inheritance(Denial Of Inheritance)
A rejection of the inheritance can be made immediately after the death of the heir. According to our law, the period of refusal of inheritance is 3 months after the date of death.
13-)Regions where İstanbul/Turkey İnheritance Lawyer provides legal services