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Preserved Share and Tenkis Case

6 Mayıs 2026 Real Estate Law 1 dk okuma 56 görüntülenme

TMK Article 505: The testator cannot exceed the share of the heirs who have reserved shares by savings.

Preserved Share Owners

  • Children (1/2 reserved)
  • Spouse (1/4 reserved)
  • Parents (1/4) reserved)

Defension Case

  • Dispositions exceeding the reserved share
  • Civil Court of First Instance
  • 1 year from the death of the testator, in any case 10 years

Types of Disposals

  • Dispositions due to death (will)
  • Inter-companions donations
  • Extremely low price sales

Supreme Court 14. HD

14. HD adopts that in the case of criticism, "the amount exceeding the reserved share" should be calculated and a meticulous examination should be carried out with an expert.

Inheritance and real estate lawyer is recommended.

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