1) Requesting the registration in the name of the testamentary beneficiary by the heirs:
The heirs or the executor of the will may directly register. This certain property in the name of the testamentary creditor based on the certificate. Of inheritance, the certified copy of the will and the enforcement decision. This situation constitutes an exception to the rule. Of not being able to dispose without registration (as a requirement of respect for the will of the testator) (CC.705/2) In such a case. After the request of the heirs and the testament creditor is written. On the registration request document, the name of the heir. (if the heirs have transferred this property in their names before this, the name of the heirs) is cancelled and the registration. Is made in the name of the testament creditor.
2) Request for Registration in the Name of the Testate Payee by the Executor of the Will:
If a testamentary executor has been appointed by the wil. The testamentary executor may also register this certain property. In the name of the inheritance creditor to whom a certain property has been left. For this purpose, the executor must submit a certified copy of the will. However, there is no need to seek the judge’s letter for registration. Because the executor of the will is the representative of the heirs and the estate. Thereupon, the request of the executor of. The will is entered into the registration request document. By the land registry directorate and the registration is made as explained below. However, since the payer of the fee to be paid is the testament creditor. The fee accrual must be made on behalf of the testament creditor. Unless expressly stipulated in the will, it is not possible to cover this fee from the inheritance.
3) Registration Request of the Testamentary Creditor Himself:
If the heirs or the executor of the will refrain from registering certain. Property in the name of the testamentary creditor. The testamentary creditor should apply to the court that decides. On the execution of the will and request a letter to register. The certain property left to him in the will in his name. The judge may issue such a letter to the testate creditor. Even at the very beginning of the case. When the court decides on the execution of the will.The person in whose favour a certain property is bequeathed must apply to the relevant. Land registry directorate by taking a certified copy of the enforcement.
Decision and the will together with this letter written by the judge for registration. This application is recorded in the registration request document. At the directorate and the registration process is carried out. In the name of the testament creditor as explained above.There is an important problem in practice in this regard. After deciding on the execution of the will, judges refrain from writing. A letter for the registration of certain property in the name of the testator. However, Article 21/b of the Land Registry Regulation stipulates that the director. Of the Land Registry must seek such a letter written by the judge. In order to register the property. According to Article 600 of the Civil Code, the person. To whom a certain property is bequeathed does not acquire. The right of ownership without registration upon death.
His right only consists of the right to demand that the ownership. Of this property be registered in his name. For this reason, the testator shall request. The heirs or the executor of the will to register the ownership of this property in his/her name. And if they refrain from doing so, he/she shall apply to the court deciding. On the enforcement of the will and request a letter. To be issued to him/her for registration in his/her name and apply.
To the land registry office with this letter. The fact that the will has been decided to be executed. Does not mean the registration. Of certain property in the name of the testate creditor. In accordance with Article 600 of the Civil Code. It is obligatory for the court to notify this issue with a letter. If the court refrains from writing such a letter. The testate creditor will be required to file a land registry cancellation (forfeiture due to inheritance) lawsuit against the heirs for the registration of certain property in his name.
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