He stated that any heir whose right to inheritance is violated, whether he is a hidden shareholder or not, can sue and prove the collusion with all kinds of evidence. Legal heirs, appointed heirs or adoptions can also file this lawsuit. However, those who reject the inheritance, waive their right to inheritance and are removed from the inheritance cannot file this lawsuit.
Each of the heirs can open this case alone. The fact that the estate is in partnership does not prevent this and each heir can file a Deed Annulment and Registration Case at the rate of his own share without the consent of the others. However, if the heir does not want the immovable to return to the estate, not at the rate of his own share, he has to get the consent of the other heirs out of the case or to continue the case with the representative.
In particular, we should mention that incompetence filed against non-heirs, abuse of power of attorney, cheating, etc. Deed cancellation and registration cases based on reasons cannot be opened at the rate of inheritance share, all heirs must be included in the case and the case must be filed. However, the lawsuits to be filed between the heirs among themselves can be opened at the rate of the inheritance share, since they are subject to the provisions of the inheritance share in this case.
According to the date of death of the legator, his estate is subject to co-ownership. It is fixed with the scope of the file where there is another heir other than the plaintiff. Incompetence, abuse of power of attorney, fault-cheating-gabin etc., apart from cases such as tort collusion and prevention of confiscation arising from property made against the estate. It is indisputable that all heirs representing the estate should file the lawsuit together by acting together, and also, if one of the heirs files a lawsuit in the form of return to the estate, the consent of all heirs will be provided in the lawsuit, otherwise the estate will have to be represented and executed in the lawsuit by the representative to be appointed.
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