When there is more than one heir, the assets left by the testator are subject to joint ownership. Sharing the inheritance is the process of ending this joint ownership and giving each heir his share.
Legal Basis: TMK article 642
"Each of the heirs may request the sharing of the inheritance at any time, unless they are obliged to continue the partnership by contract or law."
Sharing Methods
1. Consensual Sharing (TMK article 676)
A sharing agreement is made with the unanimous consent of all heirs. The result comes with registration in the land registry.
2. Sharing Through the Judge — Exactly Taksim
If the assets can be divided, the judge decides to divide them exactly in proportion to the shares. Expert report is mandatory.
3. Sharing Through Sales
If exact division is not possible, it is decided to share the price by selling it by auction. Detailed information: İzale-i Şuyu Case.
Right of Preemption (TMK article 642/2)
If an heir transfers his share to a third party, other heirs can purchase the share with the sale price by using the right of pre-emption. Duration: 3 months (before learning) and 2 years (before transfer).
Equalization in Inheritance (TMK art.669-675)
Important contributions made by the testator to his descendants during his lifetime (dowry, education, marriage aid, etc.) are taken into account to be balanced in the sharing of the inheritance. Earnings that are clearly excluded from equalization are excluded from this.
Supreme Court 14th HD Approach
The 14th Chamber of the Supreme Court of Appeals emphasizes that in inheritance sharing cases, all active and passive assets of the testator should be handled in a single file, and that sharing in pieces will lead to new cases in the future.
Jurisdictional and Competent Court
- Officer: Civil Court of Peace (HMK art.4/1-b)
- Authority: Last place of residence of the testator
Stages of Sharing Case
Inheritance sharing is generally long, costly and emotional litigation. Inheritance law lawyer support prevents unnecessary wear and tear.