………. CIVIL LAW COURT
The plaintiffs are : 1-
2-
3-
Attorneys : Av
Defendants : 1-
: 2-
: 3-
CASE : Return of the Rent Income Obtained as a Result of Unjust Enrichment Due to Equalisation in Inheritance to My Clients in the Proportion of Inheritance Share
EXPLANATIONS
1- The immovable property subject to the lawsuit, ……….. Located within the boundaries of the neighbourhood ………………. and determined as a courtyard masonry house on the map, the immovable property with the number ………., ……… volume ………, ……… page ……… registration date ……, is registered in the name of the defendant …………
A photocopy of the title deed record of the place subject to this lawsuit is attached.
2- As can be seen in the attached certificate of inheritance, the immovable property in question was purchased by the heir ……… as an old and used building, and all expenses to make this immovable property usable, including labour costs, were made by him, and then, after the repairs and changes on the building were covered by him, it was registered to the title deed to the defendant and his daughter ……… by gratuitous acquisition in return for the inheritance share in his health.
3- The defendant ………., leaving aside the acquisition made by his father ……… in return for his share of inheritance, upon the death of his father ………. on …….., the defendant …………, ignoring the real estate he received in return for his share of inheritance, filed lawsuits against my clients, and although he received his share of inheritance, he again filed lawsuits on the movable and immovable property left by the inheritor belonging to my clients.
4- Again ignoring the inheritance share left to him, the defendant filed a lawsuit against my clients ……….. and ………… for rental income, but this lawsuit was concluded against my clients, and my clients paid the money subject to the lawsuit, and although the defendant legally received the inheritance share in proportion to the share paid, this issue led to unjust enrichment.
5- Again, the defendant filed a lawsuit against my clients for “conversion of joint ownership to joint ownership” on the money in the bank, which was actually used together by the muris ………., ……… and ………., but legally deposited in the bank as a company account and registered to the heir ………… and used by him and registered in his name, this lawsuit was also concluded, but the sharing phase has not yet started.
6- In the same way, the defendant heir, in a fair manner, although the defendant gave him his share “against his inheritance share”, with an incomprehensible attitude and stubborn attitude, he again filed a lawsuit against my clients, this time against the other real estates of the heir, and this lawsuit is still pending and has reached the decision stage.
7- While these lawsuits were pending, this time, a lawsuit was filed against the defendant as the plaintiff on behalf of all three of my clients under the name of “Land Registry Cancellation due to Unjust Enrichment / Land Registry Cancellation and Registration lawsuit due to Equalisation in Inheritance”, and while this lawsuit was pending, an interim injunction was placed by the Court on the real estate left to the defendant as an inheritance share. This case is still pending and has reached the decision stage. We also submit the said report of the expert to your Court in the context of forming an opinion in your Court in terms of the stage this case has reached.
For the reasons explained;
Regarding the immovable property registered in the name of the defendant through gratuitous acquisition by the inheritor in return for the inheritance share, the lawsuit of the Civil Court of First Instance ……… numbered ……… (Land Registry Cancellation and Registration due to Equalisation in Inheritance” has been filed in the context of the immovable property and the cancellation of the land registry and its inclusion in the inheritance, and there is still an interim injunction on it,
The real estate in question was registered in the name of the defendant ……….. on the date of ……….., and the total amount of …………., which is shown separately below, related to the flats and shops he has rented out since the date of registration, should be included in the estate subject to equalisation and deducted from the amount that will fall to the defendant’s inheritance share, and the remaining amount should be included in my clients’ shares and paid to them TL, which is shown below separately for the flats and shops he has rented out since the date of registration, to be included in the inheritance by subjecting it to equalisation and to be deducted from the amount that will fall to the defendant’s inheritance share, and to include the remaining amount in my clients’ shares and to be decided to be paid to them.
Regarding the rental income of the defendant ……….., it is shown below since the date of registration of ………., where the transfer transaction was made in the title deed.
In addition to all these explanations, together with our explanations regarding the place left to him as an inheritance share; Regarding the social and social status of the defendant, it is necessary to emphasise the following points;
It is impossible for the defendant to purchase the real estate property left by the heir to the defendant as a share of inheritance, either by himself or by his spouse. The defendant has never worked anywhere and has never had any independent income within this framework. She has been living as a housewife since the date of her marriage until today.
As for the defendant’s wife …….; she worked as a salesperson in the furniture sector with insurance from time to time. When the insurance premiums of the defendant’s spouse are examined, it will be seen that she has a working life that will cover a short period of time such as …… years.
Due to the fact that the defendant’s wife did not follow a stable working life in her short-term working life, she had difficulties in caring for her husband and children, and both the heir and her siblings constantly made financial contributions to her in order to overcome these difficulties.
Considering the conditions in which the heir …………’s daughter and her husband are living in; in order to solve the financial problems of his wife, who has never been in a working life and has not entered into a stable working process throughout her life, to make a contribution to them as a rental income and to avoid any irresolution in the sharing of inheritance between the siblings in the event of his death in the future; ………. and ……………. from my clients ………. and ……………. ………, he made all the negotiations himself in order to physically purchase the immovable property that is the subject of the lawsuit to be deducted to his daughter’s inheritance share, and in order to make the dilapidated building suitable for use, he had all the repair works done by taking care of it himself, by adding three more floors on the two-storey building he bought and …. storey, including sales expenses, repair expenses, title deed expenses, and registered it to the title deed in the name of his daughter as a gratuitous acquisition against his inheritance share.
The fact that the said immovable property was purchased by the heir, the sale price of the building, the construction and repair expenses for the building were covered by the heir will be proved by the witness statements and the documents we will submit during the trial process.
It is also possible to determine that the defendant does not have an income to buy the building in question or a sufficient savings to buy this building with the expert examination to be made by your Court.
Conclusion and Request;
In accordance with the provisions of “Equalisation in Inheritance” determined in the Turkish Civil Code; Since the total ………… TL corresponding to the annual rental income of …. mentioned in the content of our petition will be deemed as unjust enrichment, it shall be decided to return (return) this amount to the estate of the heir, to be divided among the defendants after deducting the share of the defendant or to be included in the estate according to the equalisation provisions,
I request that the judicial expenses and attorney’s fee be decided to be left on the defendant.
I would like to submit this request. Sincerely yours,
Plaintiffs
Deputy
Adds:
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