Inheritance Claim Lawsuit

1. Introduction

One of the most common disputes in inheritance law is when assets belonging to the estate pass into the possession of third parties or other heirs after the death of the testator. In these cases, the primary legal avenue for heirs to protect their rights a claim for entitlement based on inheritance.

This is a special type of claim for restitution, where a person with inheritance rights demands the return of assets belonging to the estate from their unlawful possessor. It is regulated in Articles 637 and subsequent articles of the Turkish Civil Code.

2. Definition of a Claim for Entitlement Based on Inheritance

A claim for entitlement based on inheritance is a lawsuit filed by an heir entitled to an inheritance against a person who unjustly possesses an asset or right belonging to the deceased, claiming that the asset belongs to the estate and demanding its return.

This case 637 of the Turkish Civil Code :

"An heir may file a claim of ownership against a person who possesses property included in the estate, based on their inheritance rights."

In this respect, a claim for entitlement based on inheritance differs from classical claims for entitlement based on possession and ownership rights ; because here the basis is the right of inheritance .

3. Legal Basis of the Case

Turkish Civil Code Articles 637-639
Code of Civil Procedure, Articles 6 and subsequent articles (jurisdiction and duties)
Supreme Court precedents

The most important difference in a claim for entitlement due to inheritance is that its basis is "inheritance right." Therefore, even if the transfer of ownership has been made in the land registry, the heir can request the cancellation of the registration and the registration of the immovable property in their own name.

For example, in the case of a fraudulent sale transaction or a hidden donation arranged before the testator's death, the heir can use this lawsuit the property is returned to the estate .

4. Conditions of the Case

In order to file a claim for entitlement due to inheritance, the following elements must be present:

The plaintiff's status as an heir: Must be a legal or appointed heir.
Violation of the plaintiff's inheritance rights: The property included in the estate must be unjustly held by a third party or another heir.
The existence of an asset belonging to the estate: It must be a tangible asset or right (e.g., real estate, bank account, vehicle, share).
The plaintiff's interest based on inheritance rights: The plaintiff must have a share in the property arising from their inheritance rights.

5. Competent and Authorized Court

The competent court the Civil Court of First Instance.
The court with jurisdiction, according to the general rule of jurisdiction, is the court of the defendant's place of residence (Article 6 of). However, if immovable property is involved, the court of the place where the immovable property is located has exclusive jurisdiction (Article 12 of the Code of Civil Procedure).

6. Time Limit and Statute of Limitations for Filing a Lawsuit

Inheritance claims are subject to specific time limits according to Article 639 of the Turkish Civil Code

The plaintiff has one year from the date he/she learned of his/her right and the possessor ,
In any case, 10 years .

However, the heir is not bound by this 10-year period against the possessor acting in bad faith. In this case, the 20-year statute of limitations may apply pursuant to Article 639/2 of the Turkish Civil Code .

The Supreme Court does not accept the statute of limitations defense in cases of bad faith possession.

7. Burden of Proof and Evidence

The plaintiff heir bears the burden of proving their claim to the inheritance and that the property included in the estate actually belonged to the deceased.

Evidence that can be used:

Property records, notarized documents, bank statements
Witness statements
Expert report (especially in fraudulent sales)
inheritance certificate
Certificate of inheritance

If the defendant claims that they acquired the property as their own, they are responsible for proving this claim.

8. Problems Encountered in Practice

8.1. Fraudulent Sales Transactions

Donations disguised as sales made by the testator before their death are frequently the subject of lawsuits because they violate the reserved shares of the heirs. In such cases, heirs a lawsuit for the cancellation and registration of the title deed, as well as a claim for entitlement based on inheritance .

8.2. Concealment of Belongings by Another Heir

This lawsuit can also be filed if movable property included in the estate (such as gold, paintings, collectibles) is concealed by an heir.

8.3. Transfer of Bank Deposits

If, after the death of the testator, another heir or a third party withdraws money from the bank account, that person is considered to be in unlawful possession and the money becomes the subject of a claim for inheritance.

8.4. Inheritance Disputes Involving Foreign Elements

When dealing with assets located abroad or foreign heirs, 20-22 of the Private International Law Act apply. However, in cases filed in Turkish courts, the provisions of the Turkish Civil Code apply to assets located in Turkey.

9. Evaluation in Light of Supreme Court Decisions

Court of Cassation, 1st Civil Chamber, Case No. E.2017/1843, Decision No. K.2019/2557:

"A claim for entitlement based on inheritance is a lawsuit filed based on inheritance rights when an asset belonging to the estate is in the possession of someone other than the heirs. The lawsuit is accepted if the plaintiff proves their status as an heir and their entitlement to the estate."

Supreme Court 8th Civil Chamber, Case No. 2020/3124, Decision No. 2021/1742:

"If a property registered in the name of the deceased is transferred to another person after death, this transfer can be the subject of a claim for entitlement based on inheritance."

Supreme Court Grand Chamber, Case No. E.2015/8-123, Decision No. K.2017/352:

“The statute of limitations begins to run from the date the heirs become aware of the property and its possessor; the defendant must prove the date the heirs became aware.”

These decisions are particularly helpful in proving ownership of an estate and in disputes regarding the statute of limitations.

10. Application Examples

Example 1:

The testator transferred his immovable property to his daughter before his death, presenting it as a sale. The other heirs argued that this transaction was a donation and requested the cancellation and re-registration of the title deed. The court, having determined that the sale price had not been actually paid, accepted the claim for entitlement based on inheritance.

Example 2:

One sibling is keeping the antique items belonging to the estate as if they were their own property. The other heirs filed a claim for the return of the movable property to the estate, and an expert report determined that the items belonged to the deceased.

11. Conclusion and Recommendations

Inheritance claims are one of the most effective ways to protect the rights of heirs. However, these cases require careful consideration regarding both the burden of proof and the statute of limitations

In practice, these lawsuits are often a lawsuit for the cancellation and registration of the title deed . Heirs should gather documents such as notary, bank, and land registry records before filing a lawsuit; and if necessary, they should file a lawsuit for the determination of the estate.

In lawsuits filed without professional legal assistance, rights are often lost due to insufficient evidence or missed deadlines.

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