Petition for Permission to Sell Real Estate
TO THE DUTY CIVIL COURT OF PEACE,
ANKARA
PLAINTIFF:
Name and Surname – (Turkish Republic Identity Number: …) – Address
ATTORNEY:
Lawyer's Name and Surname – Address
DEFENDANT:
Unopposed
SUBJECT OF THE LAWSUIT:
Permission to sell real estate.
EXPLANATIONS:
- Guardianship and Health Status: My client, the plaintiff, is the legal guardian of the person named … . The person under guardianship has been suffering from a long-term and serious illness and has been fighting a significant battle for their health throughout the treatment process. The treatment process is still ongoing, and these treatments require periodic interventions, incurring very high costs. The person under guardianship's current financial situation is insufficient to cover the treatment expenses.
- Necessity for Sale of Real Estate: The incapacitated individual needs additional financial resources to cover their healthcare expenses and continue their treatment. Since existing assets and cash are insufficient to meet this need, the sale of the real estate registered in … Province, … Central District, … Location, … Island, … Sheet, … Parcel is necessary. The proceeds from the sale of this property will be used to cover the incapacitated individual's treatment costs and fulfill their financial obligations.
- Legal and Relevant Documents: The necessary documents and evidence for the legal validity of the request for the sale of the property have been submitted. These documents include the guardianship appointment decision, a doctor's report and treatment records regarding the incapacitated person's health condition, and the property's title deeds. Additionally, witness statements and other legal evidence supporting the claim have been added to our request.
- Legal Basis: Our request for permission to sell the immovable property is based on Article 462/1 of the Turkish Civil Code (TMK) and related legislation. According to the law, court permission is required for the management and sale of assets belonging to persons under guardianship.
EVIDENCE:
- The decision to appoint a guardian,
- Land registry records,
- Doctor's report,
- Treatment documents,
- Witness testimony and all types of legal evidence.
WITNESSES:
- Name and Surname – (Turkish Republic Identity Number: …) – Address
- Name and Surname – (Turkish Republic Identity Number: …) – Address
LEGAL GROUNDS:
Turkish Civil Code Article 462/1 and related legislation.
CONCLUSION AND REQUEST:
For the reasons briefly explained above, I request permission to sell the immovable property registered in ... Province, ... District, ... Location, ... Island, ... Sheet, ... Parcel.
…/…/…
Plaintiff's
Attorney's Name and
Surname