PETITION FOR DISSOLUTION OF PARTNERSHIP

Petition for Dissolution of Partnership

TO THE JUDGE OF THE ISTANBUL CIVIL COURT OF PEACE;

PLAINTIFF: SE (TC)

address

REPRESENTATIVE:Attorney Adalet KAZANIR
Address:

DEFENDANT: Y.E.(TR) – STAKEHOLDER
Address:

KES (TC) – STAKEHOLDER
Address:

 

SUBJECT OF THE LAWSUIT:
of the immovable property located in ... province, ... district, ... neighborhood, ... block, ... parcel number, through sale, as partition in kind is not possible .

 

EXPLANATIONS:

The property in question is located in ... province, ... district, ... neighborhood, ... block, ... parcel number, registered in the land registry as a garden, and the plaintiff and defendants appear as co-owners in the land registry

According to land registry records, the share ratios are as follows:

• Plaintiff: …/… share,
• Defendant 1: …/… share,
• Defendant 2: …/… shares
  . (Title deed and a copy of the title deed are submitted as an attachment to the petition.)

To date, no actual partition/division agreement has been reached between the parties ; the co-ownership of the property continues legally and de facto. The continuation of the co-ownership leads to disputes, disagreements, and problems with the use of the property between the parties

Due to the nature of the property (e.g., single building, single independent unit, single shop, etc.), it is practically and legally impossible to divide and share it in equal value and usable units.

In the case of division of the immovable property in kind:

• to some stakeholders (road-facing, large, convenient),
• that some stakeholders worthless (backyard, small, unused) areas; this situation is unfair and likely to create conflict .

For these reasons, , in accordance with the provisions of the Turkish Civil Code regarding co-ownership, it is not possible to dissolve the co-ownership of the property in question through partition in kind. Therefore, dissolving the co-ownership through sale is the most appropriate and equitable solution.

The defendant shareholders have been repeatedly offered amicable division/sale proposals, but no agreement has been reached. Therefore, it has become necessary for your court to issue a decision for the dissolution of the partnership

 

LEGAL GROUNDS: Provisions of the Turkish Civil Code, the Turkish Code of Civil Procedure, and other relevant legislation.

 

EVIDENCE.:

• Title deed record sample
• Inspection and expert examination
• Witness statement
• Photographs, sketches
• All other necessary legal evidence

 

CONCLUSION and REQUEST:

For the reasons stated above and other reasons that your court may consider ex officio; I respectfully request and demand, on behalf of my client, that the court decide to dissolve the joint ownership (co-ownership) of the immovable property located in … province, … district, … neighborhood, … block, … parcel number, in which the plaintiff and the defendants are co-owners; to determine that the immovable property cannot be divided equally among the co-owners in a usable condition of equal value ; therefore, that the immovable property be converted into cash through sale and the sale price be distributed to the parties in proportion to their shares according to the share ratios in the title deed; and that the court costs and attorney's fees be borne by the defendants.

Plaintiff's Attorney,
Adalet KAZANIR