How is Heritage Land Divided in Turkey?

How is Heritage Land Divided in Turkey?
Inheritance division in Turkey involves complex legal processes, regulated by the Civil Code, ensuring fair distribution among heirs based on familial relations and legal entitlements.

Inheritance division, especially of lands and other properties, is one of the complex processes in inheritance law. In Turkey, the distribution of inheritance is determined by the Civil Code and other relevant legal regulations. Here are the basics of how inheritance is shared:

How is Inherited Land Divided?

Inherited lands or other properties can be formalized at the land registry through a inheritance sharing agreement signed by all heirs if they agree. In case of disagreement, any heir can file a lawsuit for inheritance division at the Civil Court of Peace, and the distribution is made by court order.

How is Inheritance Distributed?

If there is a spouse among the heirs, the spouse's legal share of the inheritance is 1/2. The remaining inheritance is shared among children or parents and siblings according to the ratios set by law. If there is no spouse and the heirs are only children, parents, or siblings, the inheritance is divided equally among these individuals.

How are Farmlands Shared According to the New Inheritance Law?

Under new legal regulations, inherited agricultural lands can be shared as desired by the heirs in unanimous agreement. In case of disagreement, the Agricultural Law and other relevant provisions apply. Heirs can transfer the agricultural land to one of the heirs or a third party if they wish.

Is the Presence of All Heirs Necessary for Transfer?

For the transfer process of inheritance, it's not necessary for all heirs to go to the land registry. The application of one heir at the land registry with the necessary documents is sufficient to carry out the transfer process.

How Much Land Can Be Divided?

The division of agricultural lands is subject to certain minimum sizes, which vary based on the agricultural value and usage type of the land; usually, 20 acres for marginal and absolute agricultural lands, 5 acres for planted agricultural lands, and 3 acres for greenhouse farming.

Can a Sale Proceed If One of the Heirs Does Not Consent?

If one or several heirs do not consent to the sale, the other heirs can petition the court to allow the sale. If the court decides the sale is fair and lawful, it can approve the sale, enabling it to proceed without the consent of all heirs.

How is Inherited Land Divided Among Heirs?

For an inheritance to form, concepts such as inheritance, heirs, and the decedent need to exist.

The property type among heirs is either joint ownership or co-ownership.

Joint ownership, a property type resulting from inheritance by law, grants all heirs complete authority over the inheritance. However, this authority is indivisible, potentially leading to complications. To freely dispose of their share, converting joint ownership into co-ownership is necessary.

Inheritance of Immovable Properties Left by the Deceased

It's possible for the deceased to leave behind immovable property. Although a will can dictate the division of the estate, drafting wills is not commonly encountered. In such cases, the Civil Code's degree system is applied.

According to the degree system, inheritance is divided among heirs based on their closeness to the deceased. This system determines who gets what share. If immovable property remains, how it's divided becomes a significant question.

How Do Heirs Share Inherited Land?

Inheritance might include cash, movable, or immovable properties. When immovable property is involved, sharing issues arise among other heirs. Generally, two solutions are envisaged for resolving sharing issues among other heirs:

Partition Lawsuit

Application to the Land Registry Office

Both methods allow for transactions regarding the immovable property. In both, transitioning from joint ownership to co-ownership is contemplated. For these institutions' application, obtaining a certificate of inheritance may be required.

This certificate can be obtained by a single heir, but other heirs must authorize and sign the necessary documents.

Steps to Follow for Inherited Land

When land is inherited, heirs must follow specific steps, starting with obtaining a certificate of inheritance from the Civil Court of Peace or a notary. Then, with this document, visit the municipality where the land is located to get a Real Estate Tax Declaration. This declaration, along with the certificate of inheritance, should be taken to the Inheritance and Transfer Tax Office for further procedures.

What is a Partition Lawsuit and How is it Filed?

A partition lawsuit, also known as izale-i şuyu in legal terms, is initiated to end the joint ownership arising after the death of the decedent, converting it into individual ownership.

This lawsuit aims to resolve disagreements among co-owners by court order, ending joint ownership. In partition lawsuits involving the sale of shared property, property rights must be addressed, as ownership rights grant broad authority over an asset. According to our legal system, property rights over an item can be exercised in two ways: joint ownership and co-ownership.

What is the Izale-i Şuyu Lawsuit?

Before addressing how long a partition lawsuit lasts, it's essential to note who can file such a lawsuit. Legally, co-owners listed on the title deed can initiate this lawsuit.

If the co-owner is a minor under guardianship, a lawsuit can be filed on their behalf by their guardian with judicial permission. However:

Those who have renounced the inheritance,

Those excluded from the inheritance,

And those who have disclaimed the inheritance,

are not entitled to file a partition lawsuit.

What is the Procedure for a Partition Lawsuit?

When dividing joint property isn't feasible, the immovable or movable property is sold by the court, and the proceeds are distributed among the co-owners.

Under Article 628 of the Turkish Civil Code, the primary goal in partition lawsuits is to resolve disputes among co-owners by terminating the joint ownership through a court decision.

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