Tenkis Case Lawyer
16
Jul
The testator can dispose of the assets; However, when the protected shares of the heirs to whom the law recognizes a reserved share are violated, a retaliation lawsuit may come to the fore.
Tenkis calculation is made not only on the visible estate, but also by taking into account the values and debts to be added. Kağıthane Inheritance Lawyer Determining the related needs from the beginning helps clarify the path to be followed.
What is Tenkis Case?
Tenkis case aims to reduce the death-related or certain inter-life gains of the testator, which exceed the disposable part, to the extent of covering the reserved share. l;lar. The lawsuit is not a cancellation of real rights, but a special inheritance request subject to legal conditions.
How Does the Process Progress?
| Stage | Explanation |
|---|---|
| first review | A preliminary estate table is prepared by bringing together the inheritance certificate, title deed records, bank accounts, company shares and known debts. The assets of the testator on the date of death are distinguished from the transfers made before. The identity of the heirs with reserved shares and the family records to be used in the share calculation are completely checked. |
| Preparation | Interim gains, donations and death-related dispositions are examined together with date and party information. The actual value of the transfers, the economic situation of the inheritor and the effect of the transactions on the estate account are investigated. Establishing a demand only on visible goods without determining assets, liabilities, expenses and values that can be added to the account may lead to incomplete results. |
| Application | If a reserved share violation is seen as a result of the preliminary calculation, the defendants, winnings and the order of claims are clearly displayed. The date of learning and the time of the transactions are documented for time evaluation. In case there is more than one gain, each transaction is explained separately and it is revealed in an auditable manner at what rate and with what legal consequence the reduction is requested. |
| Follow-up | During the trial, the value of the estate and gains can be determined by expert examination; The data in the report is compared with the records submitted by the parties. In case there are missing goods, debts or incorrect valuation in the calculation method, concrete objections are prepared. How the compensation, refund or other criticism consequences will be applied after the decision is also followed according to the scope of the provision. |
Legal Basis and Basic Principles
The Turkish Civil Code regulates heirs with reserved shares, disposable portion and gains subject to reduction. Order in criticism, fixed criticism rate, status of indivisible property and forfeiture periods require technical calculation. The date the inheritance was opened and the title of inheritance are important.
When making a legal evaluation, not only the name of the event; The nature of the parties, the date of the transactions, the development of the dispute, the existing documents and the applicable periods should be considered together. Two files appearing under the same title may have different legal consequences due to their details.
Major Issues of Importance in the File
- Determining whether there is a reserved heir or not
- Calculation of gains to be added to net estate, equalization and reduction
- Order of criticism of wills, donations and other gifts
- Correct determination of award beneficiaries and lawsuit shares
- Right of choice and consideration in respect of indivisible property
- Beginning of legal limitation periods
Examining these issues systematically before a lawsuit or application helps establish claims correctly and prevent unnecessary procedures. In particular, limitation periods, statute of limitations, duty and authority rules should be checked separately depending on the type of file.
Important point: Important: In inheritance disputes, periods depending on the date of learning and death are important; Estate and transfer records must be preserved without delay.
How to Determine Inheritance in Tenkis Account?
While making the calculation, some gains, debts and expenses related to the estate are taken into consideration as well as the existing assets at the date of death. The date and nature of the transfers and whether there is any real payment in return should be investigated. Comparative examination of records is important as an incomplete asset table may lead to incorrect calculation of reserved share violation.
How to Calculate If There is More than One Winning?
The donations made by the testator on different dates and to different people should not be evaluated as a single item. The date, value, provision and place of each transaction in the review order are determined separately. After the estate calculation is completed, it should be shown in an auditable account which income will be affected and to what extent.
The Role of the Lawyer in the Tenkis Case Lawyer Process
Representation by a lawyer is not mandatory in every dispute. In addition, it is important to determine the legal nature of the file, apply to the right authority, follow the deadlines, present the evidence and evaluate the legal remedies after the decision. Professional support may be important. at this point Evasion of Inheritance and Murder Murder Possibilities that may arise within the scope should be reviewed.
- Determining the strong and risky aspects of the file in advance
- Preparation of petitions and requests in accordance with the concrete case
- Responding to the other party's claims and evidence in a timely manner
- Regular follow-up of hearings and interim decisions
- Evaluating the possibility of compromise and litigation risks together
Documents and Evidence that Can Be Prepared
- Certificate of inheritance and population records
- Will, inheritance agreement and donation documents
- Land registry, bank, company and vehicle records
- Debt and expense documents of the estate
- Value records on transfer date and death date
- Correspondence showing the decedent's will to earn
It is essential that evidence is obtained by lawful methods. Just having the document available may not be enough; It is required to clearly indicate in the petitions which facts you prove and to bring them from the relevant institution when necessary. It is necessary.
Case Duration and the Importance of Learning Date
In the request for compensation, when the heir learned of the violation and the nature of the relevant disposition may affect the time evaluation. Correspondence, documents or transaction records showing the date of learning must be preserved. If there is more than one winning, each should be examined in terms of separate dates and people; Case preparation should not be left until the end of the period.
File-Specific Legal Evaluation
Tenkis case requires detailed estate research and mathematical calculations. In cases of suspected violation of reserved shares, transfers, wills and estate debts should be examined together and action should be taken before the period expires.
This article has been prepared for general information purposes. It does not constitute legal advice or an opinion on a concrete case. Before the process is completed Probate Deed Lawyer It should be checked whether there is any missing action.
Implementation of the Tenkis Result after the Decision
Whether the decision results in a fee, refund or any other consequence depends on the scope of the decision and the condition of the goods. After finalization, the calculated amount is compared with current records. In case there is more than one defendant or property, the outcome to be applied to each person should be followed separately.
What Values Are Taken As Basis When Calculating Hidden Share Violation?
In the tenkis calculation, only the visible assets of the estate on the date of death are not taken into account. The decedent's debts, returns subject to return, and unrequited transfers that are foreseen to be added to the account by law are evaluated together. After the reserved share ratio is determined according to the status of the heir, the disposable portion is calculated. It is important to determine values such as real estate and company shares through expert examination according to the correct date, in order to establish the amount of violation and the order of criticism properly.
Why are Time and Saving Order Important in Tenkis Request?
Since the compensation case depends on the limitation periods, it should be evaluated with documents when the heir learned about the violation and the relevant disposition. Which gain will be criticized first is determined according to the legal order between death-related savings and inter-survival savings. When there is more than one defendant or disposition, the scope of the claim must be clearly shown in terms of each transaction. Time and order errors can directly affect the result, even if there is a reserved share violation.
Frequently Asked Questions
Can any heir file a retaliation lawsuit?
No. As a rule, the heir with reserved share whose reserved share has been violated can file this lawsuit. Inheritance and share status are determined first.
Can the donated real estate be taken back?
The nature of the outcome varies depending on the reduction rate and whether the property can be divided or not. It may come to the fore as a result of criticism or compensation.
Is there any time limit for a Tenkis case?
Yes, limitation periods are regulated in the law. The beginning of the period is evaluated according to facts such as learning about the will or opening of the inheritance.
How is the value of the real estate determined in the Tenkis case?
The valuation date and the characteristics of the real estate are considered together with the legal calculation. If necessary, comparable market data are evaluated through expert review.
Are all donated goods subject to criticism?
Not every win is automatically counted in the same way. The time, purpose, compensation and relationship between the parties should be examined separately.
Is there an expert examination in a Tenkis case?
Calculating the value of estates and gains may require technical examination. The accounting subject and valuation data to be directed to the expert should be determined according to the scope of the file.
