Succession, Title Deed Cancellation Case, Ecrimisil Claim and Dissolution of Partnership Case: Inheritance and Real Estate Cases in Turkey

Entrance

Inheritance cases related to real estate in Turkey are not only emotional processes between family members; they also involve high economic values and carry serious legal consequences . More than one lawsuit may often be necessary to protect the rights of heirs, ensure the proper distribution of real estate, and ensure compliance with the testator's will. Inheritance cases, title deed cancellation cases, adequate payment cases, and dissolution of partnership cases constitute the most common types of inheritance and real estate cases in Turkey.

These cases are particularly significant for Turkish citizens or persons of Turkish origin living abroad . When real estate in Turkey is not managed properly by heirs, or when the necessary legal procedures are not completed in a timely manner, irreversible losses of rights can occur. Furthermore, inheritance cases are often not limited to a single type of case; cases involving the transfer of inheritance, land registration and cancellation, Ecrimisil payment, and dissolution of partnerships often follow one another in a chain of events.

In this article, we will examine the basic types of cases arising from inheritance law , their interconnectedness, the process for filing a lawsuit, and practical scenarios. We will also address special circumstances for heirs living abroad and how to manage the process.

What are Inheritance and Succession Cases?

Inheritance and succession cases are matters that determine who and how the deceased's assets will pass after the deceased's death. According to the Turkish Civil Code, upon the deceased's death, the entire estate, that is, the entire estate, automatically passes to the legal heirs or designated heirs. However, for this transfer to be officially recognized and for the real estate to be registered in the heirs' names, succession procedures must be completed.

In this context, a certificate of inheritance (certificate of inheritance) must first be obtained from the court. The names of the heirs are then entered in the property's land registry records. However, in practice, sometimes a lawsuit may be necessary for the heirs to exercise their rights of disposition of the property.

For example, if a Turkish citizen living in Germany inherits a plot of land in Türkiye, the heirs can complete the transfer process through a power of attorney without coming to Türkiye.

Mediation is not mandatory in inheritance and succession cases. The competent court is the Civil Court of Peace , and the competent court is the court where the property is located.

Title Deed Cancellation and Registration Cases

One of the most common disputes in inheritance and real estate cases in Turkey involves actions taken by the deceased while alive, which undermine the rights of some heirs. This situation often arises in transfers motivated by theft .

For example, if a testator transfers a property to a third party for a price significantly below market value or leaves it to only one child as a donation, this could result in the loss of rights for other heirs. In such cases, the aggrieved heirs may file a lawsuit to annul and register the title deed and request that the property be re-registered according to their inheritance shares.

The court investigates the testator's true intentions and the presence of property theft. If such intention is determined, the land registry record is annulled and the property is re-registered in the heirs' names.

There is no requirement for mediation in title deed cancellation and registration cases. The competent court is the Civil Court of First Instance , and the competent court is the court where the property is located.

Ecrimisil Cases

Acrimonious occupation means compensation for unjust occupation. This lawsuit arises when there is a lack of equality in the use of a property among heirs. If an heir uses the property alone or derives income from it but does not share it with the other heirs, the aggrieved heirs may file an acrimonious occupation lawsuit .

For example, if one sibling rents out an inherited house and uses the rental income for their own benefit, the other heirs can demand retroactive rent payments. This way, the unjust profits from the property are shared among the heirs.

Mediation is not mandatory in Ecrimisil cases. The competent court is the Civil Court of First Instance , and the competent court is the court where the property is located.

Dissolution of Partnership (Dissolution of Joint Venture) Cases

It may not always be possible to divide inherited real estate among the heirs in the same way. In such cases, the partnership between the heirs continues. However, if the heirs wish to dissolve the partnership , a lawsuit is filed to dissolve the partnership .

For example, if an inherited apartment cannot be divided among the heirs, the court will put the apartment up for sale. The proceeds from the sale are distributed among the heirs according to their respective shares.

This lawsuit is one of the last resorts to terminate the heirs' partnership over the real estate.

There is no mediation in cases involving the dissolution of a partnership. The competent court is the Civil Court of Peace , and the competent court is the court where the property is located.

The Chain Relationship of Inheritance Cases

Inheritance cases generally proceed in a connected manner. In practice, the following sequence is frequently observed:

1. Transfer : First of all, the inheritance is registered in the name of the heirs.

2. Deed Cancellation and Registration : This comes into play if there is a theft of property.

3. Ecrimisil : Opened in case of unfair use.

4. Dissolution of Partnership : This is a solution if the real estate cannot be shared at the final stage.

Although this is the most common flow, the order of cases may vary depending on the characteristics of the dispute.

Other Similar Cases

Other types of cases directly related to inheritance law and concerning the same audience are:

• Will Cancellation Cases

• Disinheritance Cases

• Reduction Cases (In case of reserved share violation)

• Contribution Fee Receivable Cases

  
  

These are the types of cases frequently resorted to by heirs, especially in disputes arising from real estate.

For Turkish Citizens Living Abroad

For Turkish citizens or persons of Turkish origin living abroad, inheritance cases often become complex processes that must be managed remotely . It may often be impossible to travel to Turkey in person for cases such as the transfer of real estate in Turkey, the cancellation and registration of title deeds, or the dissolution of partnerships.

The biggest advantage here is that the entire process can be handled by a lawyer, using a notarized and apostilled power of attorney . This allows heirs to protect their rights without having to travel to Turkey.

Additionally, thanks to multilingual communication support (Turkish, English, German, French, Russian, Arabic), clients living abroad can easily follow the process.

The e-hearing system, which has been implemented in recent years, also provides significant convenience. Through our Istanbul-based office, it is possible to file and pursue lawsuits not only in Istanbul but also in all provinces of Turkey . This allows heirs abroad to securely pursue their real estate-related cases, regardless of the city.

Conclusion and Legal Advice

Inheritance, succession, title deed cancellation and registration, ecrimisil (amount of debt), and dissolution of partnership cases are not only family disputes but also legal processes with high economic value . When real estate in Turkey is not managed properly, irreversible losses of rights can occur for heirs living both at home and abroad.

Getting professional legal support at every stage is crucial. Wrongly filed lawsuits, missing documents, filing applications in the wrong court, or missing deadlines can lead to serious loss of rights. However, with the support of an experienced attorney:

• Your rights are fully protected,

• The process accelerates,

• Legal procedures are carried out smoothly,

• Communication between the parties remains within the framework of the law.

  
  

At Bosphorus Law Firm, we can handle litigation throughout Turkey from our Istanbul office via the e-hearing system . This provides our clients with effective representation in real estate cases not only in Istanbul but also in various provinces across Turkey.

In conclusion, whether you live in Turkey or abroad, handling your inheritance cases with an expert legal team is the best way to both prevent loss of rights and complete the process safely.