Inheritance Distribution Among Siblings in Turkish Law
How to Divide Inheritance Among Siblings?
Inheritance among siblings is divided either by mutual agreement or through legal proceedings. The easiest and quickest way is to reach an agreement. Heirs come together to decide on the division and put this decision into a written agreement. If an agreement cannot be reached, one of the heirs can file a lawsuit to request the division from the court.
How to Divide Inheritance Among Siblings?
The division of inheritance among siblings depends on whether the deceased has a spouse and whether they have descendants (children, grandchildren, etc.). According to the provisions regulated in Article 506 of the Turkish Civil Code;
How Do Siblings Inherit if the Deceased Has Descendants?
Who are the descendants of the deceased?
The descendants of the deceased include those who come after and have a lineage connection with them. This group includes their children, grandchildren, and great-grandchildren.
Who is in the first group?
The first group includes the children of the deceased. If these children share the inheritance with the spouse of the deceased, the spouse’s share is 1/4. The remaining 3/4 is equally divided among the siblings.
How do siblings divide the inheritance if there is no spouse?
If the deceased has no surviving spouse, the spouse’s 1/4 share will not be considered, and the entire inheritance will be equally divided among the siblings.
Example:
If the deceased has 5 children and a surviving spouse:
The spouse’s share is 1/4.
The remaining 3/4 is equally divided among the 5 siblings.
In this case, each sibling’s share is 3/20.
How is the inheritance divided if one of the children has died?
If one of the deceased’s children has died before them, the share of the deceased child will be divided according to inheritance law rules. The share of the deceased child will pass to their descendants if they exist.
Example:
If the deceased has 4 children and one child named B died before them:
After subtracting the spouse’s 1/4 share, the remaining 3/4 is divided among all 4 children as if they were all alive.
The 3/16 share that should go to B is equally divided among B’s children.
If B has two children named C and D, each child of B would receive a 3/32 share.
Does the deceased have the right to dispose of their inheritance?
Yes, the deceased has the right to dispose of their inheritance without violating the reserved shares of each child, grandchild, or other descendants.
What is a reserved share?
A reserved share is the portion of the inheritance that the law guarantees to certain close relatives. Those entitled to a reserved share by law include the surviving spouse, descendants (children, grandchildren, and their children), and the parents of the deceased.
What happens if the reserved share is violated?
Heirs whose reserved share is violated can secure their rights by filing a reduction lawsuit.
Inheritance of the Deceased’s Siblings – Inheritance of the Second Group
When Can the Deceased’s Siblings Inherit?
The siblings of the deceased can inherit if there are no heirs in the first group. First group heirs include the children, grandchildren, and their children. If there is at least one living descendant from the deceased, the inheritance does not pass to the second group.
What Happens if the Deceased’s Parents Are Alive?
If the deceased has no descendants, the inheritance passes to the second group, which includes the deceased’s parents. If both parents are alive, the siblings do not inherit.
However, if one or both parents have died before the deceased, the siblings can inherit. In this case, the siblings equally divide the inheritance.
Example:
If the deceased, who is single, has no descendants, no mother, and only the father is alive with three siblings.
In this case, half of the inheritance goes to the father, and the remaining half is equally divided among the siblings (1/6 each).
Who Has the Right to a Reserved Share?
The siblings of the deceased do not have the right to a reserved share. The right to a reserved share only belongs to the surviving spouse, first group heirs, and parents from the second group.
Shared Title Deed Division Among Siblings in Inheritance
Has the requirement for a notary-signed document for the division of shared title deeds been lifted?
Yes, you no longer need a notary-signed document for the division of shared title deeds. This allows shared title deeds to be divided more quickly and smoothly.
What is required for the transfer of shared title deeds?
Siblings no longer need to go to a notary for the division of shared title deeds. A written agreement signed by all shareholders present is sufficient for the sale of the divided property.
What needs to be done for the sale of shared title deeds?
For the sale of shared title deeds, all shareholders must make a joint decision and be present during the title deed transactions. If desired, parties can authorize their lawyers to handle the title transfer transactions.
What should be considered when buying shared title deeds?
When buying shared title deeds, the Land Registry Office and notary processes should be completed accurately, the exact boundaries of the property should be determined, and the parcels should be identified.
When is a notary requirement not needed for the transfer of shared title deeds?
If the parties are in a sibling relationship, a notary requirement is not necessary. In this case, a written agreement is sufficient for the transfer of the inherited property.
Is the consent of all shareholders necessary for the sale of shared title deeds?
Yes, for the final sale of shared title deeds, the joint consent of all shareholders is required, regardless of their percentage of ownership.
Can power of attorney be given for the sale of shared title deeds?
Yes, it is possible to authorize a lawyer to represent all shareholders and facilitate the transactions.
How is payment made for the sale of shared title deeds?
After the sale, the seller receives the agreed monetary compensation for their share.
Who needs to be present for the title deed transactions in the transfer of shared title deeds?
For the transfer of shared title deeds, all shareholders need to be present at the title deed transactions carried out in district municipalities.
Case Example of Inheritance Distribution Among Siblings
COURT : CIVIL COURT OF FIRST INSTANCE
CASE TYPE : CANCELLATION AND REGISTRATION OF TITLE DEED
LEGAL REMEDY : APPEAL
As a result of the lawsuit filed between the parties, the decision was appealed by the Supreme Court; it was understood that the appeal request was timely, the examination report and the documents in the file were read, and the NECESSARY DECISION WAS DISCUSSED:
As a result of the cadastre, the property registered under parcel number 135, covering an area of 41,074.70 square meters in the … Village work area, was determined and registered in the name of the defendant … due to tax records, inheritance, division, and acquisitive prescription.
The plaintiffs … and their associates filed a lawsuit demanding the registration of the property in their names, based on the rights obtained through inheritance and donation. At the end of the trial, the court decided to dismiss the case; the decision was appealed by the plaintiffs’ counsel.
The court decided that the estate of the deceased … had been divided among the heirs, and since the disputed property had been in the possession of the defendant for a long time, it was considered that the prolonged use was indicative of the division among the heirs.
There is no dispute between the parties that the contested property originally belonged to their common ancestor, … .
In the response petition submitted by the defendant on 25.07.2008, it was stated that the deceased had distributed other properties subject to the inheritance to his children and had donated the disputed property to the defendant during his lifetime, thereby transferring its possession.
Although the local experts heard during the on-site investigation and the witnesses heard during the trial confirmed the possession of the property by the defendant, they did not provide any information about the donation and transfer of possession of the contested property during the deceased’s lifetime.
Moreover, during the on-site investigation on 07.10.1999 for another case filed by a different heir regarding the contested property, which was concluded with renunciation, the defendant … stated that “the deceased Islam allocated the contested property to him, even saying that his sisters also had a right to this property, but until now, his sisters had not demanded their rights from him, and when they did, he would give them their shares.”
Accordingly, it is understood from the defendant’s own statement that he accepted the right of the plaintiffs, who are the daughters of their common ancestor, to inherit from the estate, and the defendant, who bears the burden of proof regarding the donation and transfer of possession, could not prove that the deceased had donated the property to him during his lifetime and transferred its possession.
Therefore, the court should have decided to register the inheritance share of the deceased’s daughters Fatma and Havva in the names of the plaintiffs, and the remaining shares in the name of the defendant, instead of the written decision. The appeal objections of the plaintiffs’ counsel are justified, and the decision is REVERSED, the appeal fee is refunded to the plaintiffs upon request, and the decision was made unanimously on 10.05.2016.
16th Civil Chamber, Case No: 2016/364 Decision No: 2016/5439 Date: 10.05.2016
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Inheritance Distribution Among Siblings in Turkish Law
