Basic Concepts in Inheritance Law
According to the Turkish Civil Code, the distribution of inheritance takes place between legal heirs or appointed heirs. Legal heirs are generally blood relatives such as descendants (children), spouses and parents. Appointed heirs are persons determined by a will or inheritance contract. In the inheritance system, each individual has a legally protected reserved share . This share cannot be eliminated even by a will. For example, even if a father wants to leave all his property to one of his children, the reserved share rights of his other children continue. However, some heirs may waive their inheritance; this process must be carried out in the presence of a notary and with a written document.
Common Situations of Inheritance Disputes in Antalya
In regions like Antalya where the real estate value is high, where there is migration and touristic potential, sharing disputes between heirs are frequently seen. The most common of these is joint ownership title deeds. Failure to reach an agreement on the joint use of assets such as summer houses, plots of land or apartments inherited from a family can turn into a crisis between heirs. Collusion, or sham transactions, is also one of the main reasons for disputes in Antalya. In particular, cases where an heir transfers the real estate to a relative or acquaintance in order to hide the property are very common. This situation leads to title deed cancellation lawsuits.
The Most Frequent Conflicts During the Sharing Process
When dividing inheritance, unfair distribution of registered properties is a serious problem. For example, when a valuable property is given to one heir, and other heirs receive less valuable properties, this situation becomes a subject of litigation. In Antalya, hiding or underreporting of deposits left in banks is also a serious cause of conflict. In rural areas, a common problem is the unauthorized use of fields or gardens by an heir. This person owns the property but does not give the other siblings a share of the income.
Prominent Problems in Field and Plot Inheritances in Antalya
In agricultural regions, especially in districts such as Döşemealtı, Korkuteli and Elmalı, the shared ownership structure of inherited fields creates major problems. When a plot or field remains as a single piece, the fact that it cannot be physically divided creates disagreements between the heirs. In addition, the actual use of these properties is carried out unilaterally by some heirs, ignoring the rights of other stakeholders. If an heir who wants to continue agricultural production acts by ignoring the other shareholders on the title deed, litigation processes will begin.
The Risk of Secret Sharing Between Heirs
Verbal sharings made without written documents, in the form of “we have agreed between the family” are legally invalid. In Antalya, many inheritance cases are opened due to underhand transfers made without a notary. If an heir claims to have waived his share by receiving money from another, but this is not documented, the case may be decided against him in court. Witness statements alone are not sufficient evidence. Therefore, all sharing transactions must be made in writing and officially.
What to Do If One of the Heirs Prevents the Sharing?
If one of the heirs is constantly obstructing the division of property, the solution is the dissolution of the partnership (izale-i şuyu) lawsuit. This lawsuit is filed in the civil courts of peace. The court decides to sell or divide the real estate. Since most of the real estate in Antalya is not suitable for division in terms of zoning, a sale decision is usually made. The real estate is sold and the price is shared. The distribution of the money obtained from the sale is made according to the share ratios in the title deed.
Lawsuit Process Against Collusive Transactions in Antalya
Collusion is the transfer of a property to someone else for a secret purpose and the fact that the transaction is actually a donation and it is shown as a sale. In Antalya, such transactions mostly occur when an elderly mother or father secretly transfers the property to a child. When the other children cannot receive a share of the inheritance, they file a lawsuit for the cancellation and registration of the title deed . In such cases, the true nature of the transaction is revealed through bank transactions, witness statements and lifestyle habits. If the court finds that the transaction is collusion, the title deed is canceled and the property is divided equally among the heirs.
Certificate of Inheritance and Procedure for Opening an Inheritance in Antalya
Before the division of the inheritance begins, a certificate of inheritance must be obtained. This document can be obtained from a notary or a civil court of peace. In Antalya, notaries can usually issue a certificate of inheritance on the same day if one of the parties is a Turkish citizen and has complete identification information. However, if there is an objection or if there are foreign heirs, this process is brought to court. Objections to the certificate of inheritance are also made in the civil court of peace.
Consequences of Acting Without a Lawyer in Inheritance Sharing
Lack of legal knowledge in inheritance sharing can lead to irreversible consequences. Especially in a city with high real estate value such as Antalya, when property sharing is done unconsciously, serious financial losses can occur. If the lawsuit filing period is missed, the statute of limitations kicks in and a loss of rights occurs. Incompletely made sharing transactions can be cancelled later, but these lawsuits can last for years. Relations between the parties are damaged, and family ties are damaged.
Local Dynamics Specific to Inheritance Disputes in Antalya
The value of inherited real estate in the touristic areas of Antalya is quite high. This creates pressure during the sharing process. In some families, a more dominant sibling manipulates the elderly mother or father to transfer the property. In rural areas, socio-cultural effects such as sharing the inheritance among sons and excluding daughters are common. These situations both become the subject of litigation and cause long-term legal problems.
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If an heir continuously prevents the sharing, a lawsuit is filed to dissolve the partnership. If there is a will, heirs with reserved shares can still demand a certain percentage. There is no legal period for sharing after the inheritance is opened, but the statute of limitations begins to run. Untitled real estate can be included in the inheritance by being determined in court through possession and witnessing. Unilateral transfers are not valid; the consent of all heirs is required. If the property is sold before the sharing is completed, the other heirs can file a lawsuit.
Recommendations for Preventing Disputes Between Heirs in Antalya
The safest way is to put the sharing in writing and have it approved by a notary. All heirs should be informed about the process and secret transactions should be avoided. Meetings with an impartial lawyer or inheritance law expert both protect family relationships and minimize legal problems. Especially in cities with high real estate values such as Antalya, such measures prevent major disagreements in the future.