WHAT IS THE ACTION FOR RESTITUTION IN INHERITANCE?
The action for restitution is a lawsuit filed to eliminate the infringement of the inheritance right of the heirs with reserved shares by exceeding the freedom of disposition of the heir and to withdraw the savings made by the heir within the legal limits.
Tenkis lawsuit is a lawsuit related to inheritance. Law and it is a lawsuit that can be filed in the event of the death. Of the muris (inheritor). It is not possible to file this lawsuit while the heir is alive. Tenkis lawsuit is a very effective civil lawsuit. Against the heir’s actions against some of the heirs.
WHAT IS A HIDDEN SHARE HEIR?
The heirs with reserved shares are the heirs. Whose inheritance shares are protected in certain. Proportions against the disposals made by the heir. In other words. The heirs who have an inheritance. Right that the heir cannot intervene or dispose of in any way are called “heirs with reserved shares”. The heirs with reserved shares, which are limitedly listed in the Civil Code, are as follows.
Descendants of the heir (children, adopted children, grandchildren and their children).
Parents of the heir.
Spouse of the heir.
The siblings of the heir. Who were previously considered as heirs with reserved shares. Have been excluded from being heirs with reserved shares with the amendment. However, for the deaths that occurred. Before 10 May 2007, the reserved share of the siblings. Will also be taken into consideration in the equalisation lawsuit filed at a later date.
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