Real estates inherited in Türkiye or common property immovables are one of the most important issues between the parties. Disputes experienced in immovables such as houses, land or fields inherited especially among the brothers, usually CASE OF THE PARTNERSHIP resolved with. So how to open this case, which stages go through?
What is the case for the elimination of partnership?
The case for the elimination of the partnership, also known as the “izale-i şuyu ında in the law, ensures that more than one person has shared ownership or unity ownership and the immovable property is removed from the partnership and transforming them into individual property.
The aim is to prevent the parties from having to continue to live jointly on a single goods. In these cases, the court is the immovable sharing (Taksim) or to divide the price by selling decides.
Ask the lawyer: “Where is the most mistakes made?”
We interviewed about the subject Real Estate Lawyer, Citizens summarize the most made by the citizens while opening these cases as follows:
“The most common mistake is that the parties do not try to agree between themselves before filed a lawsuit. However, the parties can sell or share among themselves. The process may last for years when the court is going to the court. Another error is that the value of the immovable is not known at the end of the case.
The lawyer also emphasizes that it is important to open the cases in the right place:
“The case for the elimination of the partnership is opened in the Magistrates’ Court where the immovable is located. Cases filed in the wrong place are rejected.”
Conditions of the case
In order to open a case for the elimination of the partnership:
- The existence of common ownership,
- At least one of the partners wants to open the case,
- It must be possible to share the immovable.
If there is a shared property, only one of the partners may sue. In cooperation, all heirs must act together.
How does the process work?
- Petition: Petition is presented to the Magistrates’ Court and the lawsuit is initiated.
- Investigation of title deed records: The court examines the title deed records and share rates of the immovable.
- Discovery and expert report: The value of the immovable is determined and the possibility of sharing is investigated.
- Decision: The court may decide exactly the taxi. If it is not possible, a sales decision is made. Sales are usually made through auction.
Precedent decisions from the Court of Cassation
- If it is found that the land is actually divisible, the court instead of sales Exactly to the taxi decides.
- If one of the partners wants to sell, sales can be made even if others do not want.
- If the sale is not made in market conditions, the decision was broken by the Supreme Court.
These decisions reveal that the court process should be followed carefully.
Suggestions for citizens
- Before opening the case, ways of reconciliation should be investigated.
- The current market value of the immovable should be learned.
- Considering that the case may take long, be patient.
- In order to avoid loss of rights, an expert Ask the lawyer should start with the process.
Many citizens get wrong beliefs such as “the goods pass to me when they open a lawsuit. However, the court, not the whole of the goods, protects the share only and may prefer to sell.
CONCLUSION
The case for the elimination of the partnership is one of the most frequently used legal remedies to solve the problems of the partners, especially in the inherited immovable properties. However, there are many details that should be considered from the opening of the case to the sale process.
An expert to avoid loss of rights and accelerate the process rent lawyer Working with it will be the right way.
