INHERITANCE SHARE TRANSFER AND VOLUNTARY DIVISION AGREEMENT
1. PARTIES
This agreement is concluded between the heirs referred to hereinafter as "Transferors" on one side and the heirs referred to as "Transferees" on the other side, in accordance with Article 677 of the Turkish Civil Code.
2. SUBJECT OF THE AGREEMENT
the deceased [Name of Deceased], along with the rights and claims that will arise at the end of the division process, to the inheriting heirs under the conditions specified below.
3. TRANSFER AND DIVISION PROVISIONS
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3.1. Transfer Without Consideration: The transferor , [Heir Name ] , has transferred all of their inheritance shares in the immovable property located in Antalya Province, Serik District, Cumalı Village, Yazır Tepesi Area, [Island/Parcel Number], which they inherited from their deceased spouse/father [Deceased Name], to their other heir siblings/shareholders without receiving any consideration, of their own free will and irrevocably. The transferor declares that they will not make any future claims, receivables, or reductions regarding this immovable property.
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3.2. Transfer for Consideration – Scenario A: The transferor [Heir Name] has transferred their entire inheritance share in the immovable property numbered [Island/Parcel] , inherited from their deceased father [Deceased Name] , for a consideration of [Figure] TL (Words: …………… Turkish Lira) . The transferor acknowledges that they have received the said consideration in cash and in full, and that their inheritance rights in the said immovable property have ceased with this transfer.
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3.3. Transfer for Consideration – Scenario B: The Transferor [Heir Name] agrees and undertakes to transfer their inheritance share in [Island/Parcel] included in the estate to the Transferees for a consideration of [Amount] TL . This consideration will be paid during the division and title registration procedures, and after the transfer, the parties will be deemed to have mutually released each other from any liability.
4. AUTHORITY AND REGISTRATION The transferees are fully authorized to carry out the transfer and division procedures at the relevant land registry offices based on this agreement, and to request the registration of the shares in their own names. The transferors are deemed to have given all the necessary official consents for registration in advance.
5. RESOLUTION OF DISPUTES The Courts and Enforcement Offices of Serik (Antalya) shall have jurisdiction over any disputes arising from the application or interpretation of this agreement .
6. EFFECTIVE DATE a total of [Number] pages and [Number] copies, together with the attached Certificate of Inheritance and Title Deed Records, constitutes a whole and has been read and signed by the parties. [Date]
APPENDIX-1: Current Inheritance Certificate APPENDIX-2: Sample Title Deed Records for the Relevant Properties
TRANSFERORS | RECEIVERS (Name – Signature) | (Name – Signature)
Key Points to Consider:
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Formal Requirement: While a simple written agreement (between yourselves) for the transfer of inheritance shares is valid, to process the transaction directly at the land registry office this document drawn up in a notarized form . Otherwise, the land registry officer may not complete the registration process.
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Stating the Price: In transactions involving payment, including a statement confirming payment (or attaching a payment receipt) prevents future lawsuits claiming the price has not been paid.
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Liens and Encumbrances: It is essential to check before the transfer whether there are any liens, mortgages, or family home encumbrances on the properties subject to the transfer.