Republic of Turkey
Supreme Court
20th Civil Chamber
Case No: 2017/10903
Decision No: 2018/95
Decision Date: January 15, 2018
Inheritance Certificate, Competent Court of Peace for Issuing Inheritance Certificates for Foreign National Deceased.
In the case filed regarding the request for the issuance of an inheritance certificate, the … Civil Court of Peace and … Civil Court of Peace issued separate decisions of lack of jurisdiction. Although the final decision in the case was given after the regional courts of appeal became operational, the fact that two different regional courts of appeal issued mutual decisions of lack of jurisdiction and Article 36/3 of Law No. 5235… In accordance with Article 6100 of the Code of Civil Procedure, since the duty of the regional courts of justice’s civil divisions is to resolve disputes of jurisdiction and competence between the first-instance civil courts within their judicial district, all documents in the file sent for the determination of the court of jurisdiction were examined, and the following was considered:
DECISION
The case concerns a request for a certificate of inheritance.
The … Civil Court of Peace issued a decision of lack of jurisdiction on the grounds that it was not claimed that the deceased was a citizen of the Federal Republic of …, that his last place of residence was İzmir, and that there was no evidence to that effect, and that the immovable property included in the estate was located in Silifke district, Mersin province.
The … Civil Court of Peace also issued a decision of lack of jurisdiction on the grounds that there is no rule of absolute jurisdiction in cases concerning the issuance of certificates of inheritance, that the parties did not raise an objection to jurisdiction, and that the court cannot issue a decision of lack of jurisdiction ex officio.
From the file, it is understood that the dispute concerns the request of the plaintiffs for a certificate of inheritance belonging to their deceased relative.
The request for inheritance is subject to Article 3/2 of the Provisional Articles of the Code of Civil Procedure No. 6100. Article 382 of the Code of Civil Procedure (HMK) lists non-contentious judicial matters as such, and Article 384 states that, unless otherwise stipulated in the law, the court of the place of residence of the person making the request or one of the interested parties is competent for non-contentious judicial matters. Article 11/3 of the HMK also states that in cases concerning the cancellation of a certificate of inheritance and the issuance of a new certificate of inheritance, the court of the place of residence of each heir is also competent. Therefore, since there is no absolute jurisdiction rule in cases concerning the issuance of a certificate of inheritance, the case should be heard and concluded in the Izmir 10th Civil Court of Peace, which is the first court where the case was filed.
CONCLUSION: For the reasons stated above, in accordance with Articles 21 and 22 of the Code of Civil Procedure No. 6100, it was unanimously decided on January 15, 2018, that the Izmir 10th Civil Court of Peace be designated as the JURISDICTIONAL VENUE.
Republic of Turkey SUPREME COURT OF APPEALS
20TH CIVIL CHAMBER
CASE NO: 2016/5739
DECISION NO: 2016/10025
DECISION DATE: 3.11.2016
The case between the parties was sent for the determination of the competent court due to separate decisions of lack of jurisdiction by the … Civil Court and the … 8th Civil Court. All documents in the file were examined, and the following was considered:
DECISION
The case concerns a request for a certificate of inheritance.
The … Civil Court determined that the deceased and the heirs were foreign nationals (Greek citizens), and that the deceased was … The 6th Civil Court of Peace, in its case numbered 2012/347 – 2012/560 and the Sales Office’s case file numbered 2013/98, ruled that this lawsuit was filed to recover the amount corresponding to the deceased’s share from the sale, that the immovable property subject to the partition lawsuit is located in…l, and that, in this case, pursuant to Article 20 of the Code of Civil Procedure, the Istanbul Courts are competent to issue the certificate of inheritance, thus issuing a decision of lack of jurisdiction.
…The 8th Civil Court of Peace, on the other hand, issued a decision of lack of jurisdiction on the grounds that there is no absolute rule of jurisdiction in cases concerning the issuance of certificates of inheritance, that the parties did not raise an objection to jurisdiction, and that the court cannot issue a decision of lack of jurisdiction ex officio.
From the case file, it is understood that the dispute concerns the plaintiffs’ request for the issuance of a certificate of inheritance belonging to their deceased relative.
The request for inheritance is subject to Article 3/2 of the Provisional Articles of the Code of Civil Procedure No. 6100. Article 382 of the Code of Civil Procedure (HMK) lists non-contentious judicial matters as such, and Article 384 states that, unless otherwise stipulated in the law, the court of the place of residence of the person making the request or one of the interested parties has jurisdiction in non-contentious judicial matters. Article 11/3 of the HMK also states that in cases concerning the cancellation of a certificate of inheritance and the issuance of a new certificate of inheritance, the court of the place of residence of each heir also has jurisdiction. Therefore, since there is no absolute jurisdiction rule in cases concerning the issuance of a certificate of inheritance, the case should be heard and concluded in the …. Civil Court of Peace, which is the first court where the case was filed.
CONCLUSION: For the reasons stated above, it was unanimously decided on 03/11/2016 that the …. Civil Court of Peace be determined as the JURISDICTIONAL VENUE in accordance with Articles 21 and 22 of the Code of Civil Procedure No. 6100.