T.R. SUPREME COURT
- Legal Department
Basis: 2013/18129
Decision: 2014/4907
Decision Date: 05.03.2014
ACTION FOR ANNOUNCEMENT OF REGISTRATION AND CANCELLATION – FAITH – PERSONAL END OF DEATH – REGARDING REGISTRATION OF THE IMMOUNT ON BEHALF OF THE PLAYER’S HEIRS IN THE PROPORTION OF THEIR SHARES
SUMMARY: Considering that the personality will end with death, the immovable must be registered on behalf of the heirs of the claimant in proportion to their share in the certificate of inheritance.
(4721 S. K. Art. 28) (818 S. K. Art. 28) (6098 S. K. Art. 36)
Litigation: In the case between the parties;
The plaintiff stated that he was born in 1933 and was old and in need of care, that he wanted to assign the immovables of 190 island 5, 192 island 8, 198 island 2, 199 island 1, 5 and 7 parcels to the defendant, who was his neighbor until his death, but with the deed of the defendant in the deed. Claiming that the transaction was carried out in the form of sales, no price was paid, and the defendant did not look at him for a while and then asked for the cancellation of the title deed registration and the registration on his behalf; Since he died during the trial, one of his heirs, Ü. had himself represented by proxy; other heir O. has waived the lawsuit; In line with the interim decision of the court, a representative was appointed to the estate.
The defendant stated that the sale was genuine and defended the rejection of the case.
The court decided to accept the case on the grounds that the claim was fixed.
Although the decision was appealed in due time by the defendant’s attorney, the report of the Investigation Judge Barış Bülbül was read. His opinion was taken. The file has been reviewed. It has been discussed and considered.
Land: The case is about the deed cancellation and registration request based on the legal reason for fraud.
The court decided to accept the case.
The content of the file and the evidence collected and the assignment of the immovables subject to the lawsuit were determined to be fraudulent, and there is no mistake in the case being accepted. The objections of the defendant’s attorney regarding this aspect are not valid, Disclaimer.
Conclusion: However, in accordance with Article 28 of the TMK, it is not true that a registration decision has been made about the dead person, without considering that the personality will end with death, but since this issue does not require a retrial, the “… by returning the deceased to the inheritance of HA With the abolition of the phrase “registration and registration of these immovables in the name of HA, son of A., born 10.04.1933 separately” from the provision, instead of the phrase “registration of the plaintiff HA on behalf of his heirs in proportion to their shares in the certificate of succession”, with the acceptance of the objections of the defendant’s attorney regarding this aspect. By sending the temporary article 3 of the HMK numbered 6100, 438/7 of the HUMK numbered 1086. It was unanimously decided on 05.03.2014 that the judgment be CORRECTED and APPROVED, the advance fee paid to be returned to the appellant.