Can a Sibling Live Alone in an Inherited House, Rent It Out, or Sell It? Compensation for Unlawful Use and the Rights of Heirs

When a deceased person leaves behind a house, land, business premises, or other immovable property that is inherited by more than one heir, this can in practice lead to significant disputes among siblings.

The following questions arise, especially if one of the heirs lives alone in the inherited property, does not make any payments to the other heirs, rents the property to third parties, or attempts to sell it without the knowledge of the other heirs:

Can rent be demanded from a sibling living alone in an inherited house? Can compensation for unauthorized use of property be collected from an heir? Can one of the heirs rent out the house without the knowledge of the others? Can one of the heirs sell a jointly owned property alone?

The answer to these questions depends primarily on the type of ownership of the property and whether or not the inheritance has been divided.

To whom does the inherited house belong?

If there are multiple heirs upon the death of the testator, a joint inheritance is formed among the heirs until the inheritance is divided.

According to Article 640 of the Turkish Civil Code, heirs jointly own the estate and, as a rule, dispose of the rights belonging to the estate together. In other words, if the inheritance has not yet been divided, one heir cannot act by saying, "This room in the house is mine" or "I will use a quarter of this immovable property as I wish." The heir's right extends to the entire estate until the division.

In joint ownership, as a rule, the unanimous consent of the partners is required for management and disposition transactions. Article 702 of the Turkish Civil Code explicitly regulates this matter.

Therefore, in a dispute concerning inherited real estate, the first step is to determine whether the property is currently subject to joint ownership or co-ownership by examining the land registry records

Can one sibling live alone in an inherited house?

The mere fact that one of the heirs actually uses the inherited property does not, in itself, constitute a violation of the law.

However, this use cannot be carried out in a way that completely eliminates the rights of other heirs.

For example, if a house is inherited by three siblings, and one sibling lives alone for years without allowing the other siblings to use the property, the other heirs may have claims for compensation for unauthorized use and the right to use the property.

Conversely, it is incorrect to say that a "rent debt" automatically arises for each past period in respect of a property that has been used for a long time with the explicit or implicit consent of the other siblings.

What is particularly important here is the date from which the use became contrary to the will of the other heirs.

Can rent be demanded from a sibling living in an inherited house?

If there is no lease agreement between the parties, it is not always legally correct to characterize the requested amount as "rent".

In practice, such cases often bring up the issue of compensation for unlawful occupation, also known as ecrimisil

Ecrimisil is compensation that the owner of a property who is unable to use it can demand from the person who is using it unlawfully, under certain conditions.

Therefore, the legal answer to the question "My sibling lives alone in the house inherited from our father; does he/she have to pay me rent?" is often:

"Have the conditions for demanding compensation for unlawful use of property from the other heir been met?"

It is in this form.

The Supreme Court also accepts that in jointly owned property, one heir can claim compensation for unlawful use of the property from another heir who prevents them from using the jointly owned property without the consent of the other heirs.

Is a ban on acquiring property (intifada) necessary in order to claim compensation for unlawful use of property?

In disputes over compensation for unauthorized use of property between heirs or co-owners, one of the most important concepts the prohibition of benefiting from the property.

In simple terms, "intifada" is when an heir or co-owner who is unable to use the property informs the other party that they also wish to benefit from the property.

According to established Supreme Court practice, as a rule, one co-owner must first demonstrate their desire to use the property in order to claim compensation for unauthorized use from the other co-owner. This fundamental approach was also adopted in the Supreme Court's General Assembly of Civil Law's decision dated February 27, 2002, numbered 2002/3-131 E. and 2002/114 K.

For example, if one sibling has been living in the inherited house for years and the other siblings have not objected, it may not be possible in every specific case to directly demand compensation for the entire past period.

Therefore, in practice, it is important for the heir who wishes to benefit from the property to clearly express this intention.

A notarized notice can be a strong means of proof in this regard. However, there is no general rule that prohibiting unauthorized use must necessarily be done through a notarized notice; in the practice of the Supreme Court, it is accepted that the situation can be proven with various types of evidence.

Are there any situations where the Intifada is not sought?

Yes. The Supreme Court's jurisprudence acknowledges certain exceptions where the condition of being prohibited from engaging in intifada (a form of Islamic charity) is not required.

Specifically, the exceptions considered in Supreme Court decisions include cases where the property is a residential or commercial property that can generate income through rental, a property that produces natural products such as a vineyard or garden, the heir using the property completely denies the rights of the others, the sharing of use has been predetermined between the parties, or legal remedies such as compensation for unlawful use, prevention of encroachment, or dissolution of co-ownership have been previously pursued.

Therefore, it is not correct to make a definitive statement such as "no compensation for unauthorized use of property can be collected because no prior warning was given.".

The nature of the property in question and the previous conduct of the parties should also be examined.

How much is the compensation for unauthorized use of property?

The amount of compensation for unlawful use of property is not a figure that the heir can determine unilaterally.

When a dispute becomes the subject of litigation, an expert examination may be conducted taking into account the location, size, usage, comparable rental values ​​of the property, the period for which compensation is sought, and the proportional rights of the heirs.

For example, if it is determined that the property could generate approximately 30,000 TL in monthly rent during the relevant period, calculations are made based on the heirs' share of the inheritance and the nature of its use.

Usufruct compensation and rental income are not the same legal concepts. However, the rental income that can be obtained from the property can be an important criterion in calculating usufruct compensation.

According to the established practice of the Supreme Court, claims for compensation for unlawful use of property can be made for a period of five years prior to the date of the lawsuit

Can an heir rent out a house without informing the other heirs?

The answer to this question depends on whether the property is jointly owned or co-owned.

If the inheritance has not yet been divided and joint ownership of the immovable property continues, according to Articles 640 and 702 of the Turkish Civil Code, the heirs generally act together regarding the rights to the estate; unanimity is also essential for management and disposition transactions.

Therefore, if one heir rents out the entire house to a third party without the knowledge and consent of the other heirs, this does not automatically create unlimited power of attorney binding the other heirs.

There is an important distinction here: a sole heir signing a lease agreement with a third party is not the same as that agreement being enforceable against the other heirs. A single heir cannot unilaterally eliminate the rights of other heirs over the property.

If the property has previously been converted into joint ownership, different rules apply.

According to Article 691 of the Turkish Civil Code, the conclusion of an ordinary lease or crop lease agreement in co-ownership a significant management matter and requires both a majority of shares and a majority of shareholders.

Therefore, in co-ownership, it is generally not sufficient for a single co-owner to rent out the entire property completely independently of the other co-owners.

What happens if one of the heirs rents out the house and keeps the rent for themselves?

If an inherited property is leased to a third party and the rental income is collected by only one heir, the rights of the other heirs are not extinguished.

Rental income from real estate is also an economic value derived from the property itself.

Therefore, the calculation and payment of the amounts due to the other heirs from the sole heir receiving the rental income may become an issue.

For example, if an inherited apartment is rented out for 40,000 TL per month, but the rent has only been deposited into one sibling's account for years, the rights of the other heirs to the rental income must be assessed separately.

In such disputes, lease agreements, bank accounts, tenant payment records, and property records are among the important pieces of evidence.

Can one of the heirs sell the jointly owned house unilaterally?

If the inheritance has not been divided and joint ownership continues, one of the heirs cannot sell the entire property independently of the other heirs.

According to Article 640 of the Turkish Civil Code, joint control over the rights of the estate is essential; Article 702 of the Turkish Civil Code also stipulates that unanimity is generally required for management and disposition transactions.

For example, if a house inherited from a father by four siblings hasn't been divided yet, one of the siblings could say:

"My inheritance share is one-quarter, and I'm selling one-quarter of the house to whomever I want in the deed."

He cannot transfer a tangible 1/4 share in the property alone, as if it were jointly owned.

Because in joint ownership, heirs do not have separately defined material shares in a specific property; each heir's right extends to the entire joint ownership.

Can an heir transfer their inheritance share to someone else?

Here, a distinction should be made between "selling a share in an inherited house" and the transfer of an inheritance share .

According to Article 677 of the Turkish Civil Code, an heir may transfer their inheritance share to another heir by written agreement.

The contract for the transfer of an inheritance share to a third party must be drawn up by a notary public.

However, this agreement with a third party does not directly make that third party an heir or the owner of a specific property. According to the law, the third party does not acquire the right to participate in the division of property; rather, they gain the right to demand that the value allocated to the transferring heir at the end of the division be given to them.

Therefore, "I sold my inheritance share" and "I sold my registered share in the inherited house" do not always have the same legal effect.

If a property has been converted to joint ownership, can an heir sell their share?

Yes. The situation changes if the property is now jointly owned.

According to Article 688 of the Turkish Civil Code, in co-ownership, each co-owner has the rights and powers of an owner with respect to their share and can transfer their share.

For example, if each sibling is registered in the land registry as a 1/4 shareholder, one of the co-owners can, as a rule, sell their 1/4 share to a third party.

However, the legal right of pre-emption of other stakeholders may come into play here .

According to Article 732 of the Turkish Civil Code, if a co-owner sells their share in a jointly owned property, either wholly or partially, to a third party, the other co-owners may exercise their legal right of pre-emption. This right must be exercised within three months of the notification of the sale through a notary public, and in any case, within two years of the sale.

Therefore, a sibling selling their share after the title deed has been converted to co-ownership is a completely different legal situation from an heir in joint ownership unilaterally selling the entire house.

Can one of the heirs sell the entire house?

Even if a property is jointly owned, it is not possible for one of the co-owners the entire property alone.

According to Article 692 of the Turkish Civil Code, any transaction involving the entirety of jointly owned property generally requires the consent of all co-owners.

Therefore, a person can sell their own share; however, they cannot transfer the shares of other people without their consent or valid power of attorney.

What happens to an inherited house if siblings can't get along?

In cases of persistent disputes regarding inherited real estate, heirs cannot be forced to co-own the property indefinitely.

According to Article 642 of the Turkish Civil Code, each heir may request the division of the inheritance unless there is an impediment arising from law or contract. The division of specific estate assets in kind may be requested, or, if this is not possible, through sale.

Depending on the specifics of the case, the avenues available to the heir include claiming compensation for unlawful use of property, claiming a share of rental income, preventing encroachment, determining the manner of use, appointing a representative for the inheritance partnership, converting joint ownership into co-ownership, and dissolving the partnership.

Which path to choose depends on the heir's intention.

If an heir does not want the property to be sold but wishes to end the other sibling's free use, claims for compensation for unauthorized use and usage rights can be considered; if they want the co-ownership of the property to be completely terminated, partition or dissolution of co-ownership can be evaluated.

Can a sibling living alone in an inherited house be evicted?

Since an heir also has rights to the property, they are not in exactly the same situation as an unlawful occupier who is a third party.

Therefore, it's not always possible to talk about a simple eviction process like "directly removing the sibling from the house.".

First, the ownership structure, the usage arrangement between the parties, inheritance shares, and whether other heirs are prevented from using the property are investigated.

If one of the heirs uses the entire property as if it were their own, completely disregarding the rights of the others, legal remedies such as compensation for unlawful use, prevention of encroachment, or termination of co-ownership may be evaluated on a case-by-case basis.

Conclusion

If a house inherited by siblings is to be used exclusively by one sibling, rented out, or sold, the solution cannot be determined solely by considering the inheritance shares.

First, whether the property is under joint ownership or co-ownership .

If the inheritance has not yet been divided, the heirs jointly own the estate and, as a rule, must act together regarding the immovable property. If one heir uses the immovable property alone, excluding the rights of the others, compensation for unauthorized use can be claimed if the conditions are met.

If one heir leases out the entire property without the knowledge of the others, this does not automatically bind the other heirs. In cases of co-ownership, the majority of shares and shareholders required under Article 691 of the Turkish Civil Code applies for leasing the property.

An heir cannot act alone to sell the entire property. However, if the property is jointly owned, each co-owner can sell their own share; in sales to third parties, the other co-owners may have a legal right of pre-emption.

Therefore, in disputes concerning inherited real estate , title deeds, inheritance certificates, usage regulations, lease agreements, bank transactions, past notices, and previous lawsuits filed by the parties should be examined together.

Can retroactive payments be demanded from a sibling living in an inherited house?

If the conditions are met, compensation for unauthorized use of property can be claimed. However, this does not automatically create a rent receivable for the entire past period. The condition of being prevented from using the property and the exceptions accepted by the Supreme Court for this condition must be evaluated separately.

If one sibling rents out the house without the others' knowledge, is the rental agreement valid?

The binding effect of the contract between the parties and its binding effect on other heirs are separate issues. In joint ownership, the action of a single heir does not negate the rights of other heirs over the property. In co-ownership, however, since leasing is a significant management task, a majority of shares and shareholders is required.

Can an heir receive all of the rent money for a house?

If the immovable property is jointly inherited, other heirs may also have a right to the rental income. If an heir collects the rental income alone, the other heirs may be liable for the amount corresponding to their respective rights.

Can a sibling sell an inherited house all by themselves?

If the inheritance has not been divided and joint ownership continues, one cannot sell the entire property alone. If it has been converted to co-ownership, one can sell their own title deed share; selling the entire property requires the participation of the other owners.

What can be done if one of the siblings doesn't want to sell the house?

If the heirs cannot reach an agreement, they can resort to the methods of division and dissolution of co-ownership stipulated in the law. If the property cannot be divided in kind, the termination of co-ownership through sale may be considered when the necessary conditions are met.

Related article: Determining the rental price.