COURT OF FIRST INSTANCE
The plaintiffs are : 1-
2-
3-
Attorneys at Law : Av
Defendants : 1-
: 2-
: 3-
CASE : Cancellation of title deed due to unjust enrichment.
FEE BASIS
WORTH : ……… YTL
EXPLANATIONS
1- My clients are the shareholders of the company operating under the name of …….. Company, of which the defendant is also a shareholder, in proportion to their shares (………. 32.5%, ………. 32.5%, ……….. 27.5%, …….., 7.5%).
2- In its current form, after the death of the deceased …….., …………, the shares of the company were re-determined as above.
3- My clients …………. and ……….. have been actively engaged in trade until their current age, especially my client ……….. has maintained a 25-year commercial life until today, especially in ……….., it operated as a store and as a result of the growth of its commercial life, it was incorporated, and in …….. (………. registration date) ……….. Company (with the registration date of ).
4- The deceased ……… was working as a company manager in the said company before ……….., the date of his death, and his share rate in the company is 10%.
5- The deceased’s commercial life, which the deceased had done on a small scale in the past years, gained experience over many years, especially his eldest son …………., and they established the company together, the deceased himself was fully engaged in the payments, purchase of goods, orders, collections and administrative affairs of the company, and the more active activities such as shipment of goods, marketing of goods, and providing space were undertaken by the sons of the deceased, my clients ……….. and ………….
6- Towards the end of the year …………., ……….., who left the inheritance, due to his ailments and in order to prevent a dispute between the siblings in the future due to inheritance and to prevent the ties of family members after him, ……….., whose daughter is a housewife in order not to victimize her daughter, housewife , in order not to be victimized, to be financed from the company revenues, and to be registered in the title deed attached to our petition, and then, as soon as possible, it was purchased directly from the seller, delivered to her and registered in the title deed in this way, including all kinds of repairs, renovations and fine workmanship, including all kinds of repairs, renovations and fine workmanship, as a total of 5 floors, with two shops underneath, 4 apartments (two large) on it.
Although there are witnesses that we will mention in the context of the presentation of evidence for the real estate in question, in particular, ……………, who is still engaged in the ………… business, who mediated the purchase of the real estate, and ………….., who is still living at …………….., where the real estate was purchased directly from him, are witnesses.
As we have explained, the defendant is a housewife who has not worked in any sector throughout her life. She currently has 3 children. Her husband, on the other hand, has worked as a salesperson in different workplaces in the furniture sector and has been unemployed by leaving the workplaces he worked in most of the time. He even attempted to run a business independently from time to time, but due to his failures in commercial life, he closed his business as a result of bankruptcy. When the total insurance premium records of his wife’s 11 years of married life are analyzed, insurance premiums were paid for only 3-4 years. During the rest of the unemployment period, which embraced many years, he survived with the rents obtained from the real estate left to him as a share of inheritance.
7- During the period, due to the fact that the defendant was a housewife and her husband was unemployed most of the time and could not even pay the SSK premiums, my client …………….. contributed to the payment of the debts of the plaintiff’s husband in small scales, and even in order to secure himself in the future, the defendant personally applied to my client ………… and suggested “brother, I have no security, show me as SSK or Bağ-kur in your company and I will pay with my rental income if necessary”, upon the suggestion of my client …………. and his father, the deceased …………, with their mutual acceptance, made the defendant a symbolic shareholder in the company for the sole purpose of securing the defendant, even though he did not actually and legally contribute to the company with any thought. The purpose was to pay the defendant’s SSK premiums and to provide security to the defendant in this way.
As a result;
As explained above; to summarize; Due to the ailments of the deceased …………, who left the inheritance, which started a few years ago, in addition to the labor that my defendant clients …………. and ……….. have given to the company, as well as the labor they have given in the formation of their assets, in order not to waste the labor they have given in the formation of their assets, and in order to prevent the daughter plaintiff ………….. from falling into a dispute with her siblings in the future, as can be understood from the title deed record we have attached, which is impossible for her husband, who is a housewife and a salesperson in furniture stores, to buy by reaching an agreement with her daughter and children, ………. . on the date of my clients’ father, the deceased ……….. purchased a two-storey building in need of repair in a ready-to-use condition, and then this building was delivered directly to the plaintiff ………….. as if it was purchased from someone else by going to the title deed with the special interest and effort of my clients ………… and his father, the deceased ………, with the special interest and effort of my clients ………… and his father, the deceased ………….., by going to the title deed, in a way that can be used and rented and on a turnkey basis, by increasing this building by 3 floors, two shops at the ground level on the lower floor and a shop on the upper floor and a total of 4 apartments (two of which are large apartments) on the 3,4,5 floors.
8- As explained, it is contrary to the ordinary flow of life that the defendant’s wife, who is a housewife and works as a salesperson from time to time in some furniture stores, can buy such a real estate since they do not have a flow of money through inheritance or a savings documenting this. Moreover, all expenses related to the renovation, construction and repair of the real estate in question and the construction of the upper floors were financed from the company’s own resources. 37 documents showing the related expenditures are attached hereto.
9- The father of my deceased clients, ……….., who left an inheritance, essentially preferred this way in order to prevent his children from experiencing difficulties in inheritance sharing in a possible situation against each other in the future, especially in order not to waste the labor of his sons and their intensive contributions to the company, within the framework of tradition and custom, he purchased the real estate in question in a way that would provide him with an income while he was alive, and as a share of inheritance to the defendant, he purchased it directly from the property owner and made the title deed registration in the name of his daughter.
In this framework, the plaintiff ……….. ………. of the Civil Court of Peace In this context, the plaintiff concealed this situation, unfortunately concealed this issue, unfortunately concealed this issue and tried to claim a share from the real estate properties left behind by the heir, while it was impossible for him to take the place registered to him in this context in the face of the fact that it was given to him by the deceased as a share of inheritance, while a real estate property, which was created with the lifelong labor and efforts of my clients with the income of the company and financed from the assets of the company and which had a great return with rental income, was given to him, and it was impossible for him to take the place registered to him in this context, unfortunately, he concealed this issue and this time he tried to claim a share from the real estate properties left behind by the heir.
10- While this is the real situation, as well as the existence of the real estate that was given to the plaintiff as a share of the inheritance in the deceased’s health through unjust acquisition (unjust enrichment); Although the plaintiff has made no financial contribution to the company and because she is a housewife, in order to provide her older brother, my client …………, with a social security in the future (with Bağ-Kur or SSK), both to my client ……….. and to my client ……….. and the contributions of his father, who left him an inheritance, and insisted that this should not be withheld from him, especially as a result of the fact that my client …………….. gave him a symbolic share (5%) in the company in honor of his father, the deceased ……….., and this share was given solely for the purpose of paying the Bağ-Kur premiums, and although he undertook to pay these premiums, he did not pay them, however, one of the clients …………. paid these premiums regularly to the social institution to which the plaintiff was affiliated. The documents regarding the payment of the plaintiff’s Bağ-Kur premiums by my client …………. are attached hereto
11- Although the defendant’s share of inheritance was conditionally given to him as a share of inheritance with the contribution of the company’s money and the approval of his other children in the health of the heir …………., after 7 years, this time he filed lawsuits against my clients in bad faith within the framework of the elimination of the partnership.
As it can be understood from the title deed record we have attached, the defendant has rented out the two shops and 4 apartments on the building since ………., and the rental fees collected for 1 year in total …….. Considering that the defendant has been renting out the building since … year, the defendant has also rented out ……….. TL, causing the defendant to be unjustly enriched with a rent.
Considering that the defendant has both owned the property in the title deed and rented out the places in this property since …… and has earned an income above the standard of living, it will be automatically understood that it is impossible for them to buy this real estate, considering that he has never worked and his wife works from time to time.
The defendant has filed a lawsuit against my clients;
.. Case numbered ……. of the Civil Court of Peace,
.. Case numbered ……. of the Civil Court of Peace,
.. .. … The Civil Court of Peace has victimized my clients due to the lawsuits numbered on the merits of the Civil Court of Peace, within this framework, it is fixed that the real estate that he has been renting out for 7 years, which is currently in his possession with the approval and contribution of my clients as a share of inheritance, has been taken by the financial resources of the company that my clients are now the owners of, This issue was concealed by the defendant, although he did not have a share of inheritance, this issue led to unjust enrichment of the defendant, as it led to an increase in the real estate assets given due to the real estate given to the defendant as a share of inheritance of the deceased conditionally by concealing this issue in the lawsuits he filed. He concealed and ignored this issue in other lawsuits he filed. However, since the defendant’s inheritance share was conditionally given to him under the name of inheritance share and conditionally (real estate) to realize his whole life by the deceased …………….., the father of my clients ………. and ………., the husband of my other client ………., the place that is now in his ownership should be evaluated as unjust enrichment due to the fact that the defendant had received the inheritance share before, but asked for an inheritance share again;
As it is known by your Court;
In the context of clarifying Article 18 of the Code of Obligations, which is generally regulated under the title of “interpretation of contracts and collusion”, we present the following Court of Cassation case law for the Court’s appreciation and evaluation.
“…It should be noted immediately that a healthy, fair and correct resolution of such disputes depends on the real aspect of the assignment made to the defendant, in other words, the real will and purpose of the inheritor, to be revealed in a way that leaves no room for doubt. Since it is generally difficult to determine and clarify the real will and purpose, which is an internal problem and which is hidden, it is of great importance that the evidence in this direction is not only collected completely, but also evaluated together and correctly. For this purpose, the customs and traditions of the country and the region, social tendencies, the ordinary course of events, whether the heir has a just and reasonable reason for making the contract, whether the defendant has the purchasing power, the difference between the sales price and the actual value on the date of the contract, the human relationship between the parties and the heir, etc. (1st HD. 6.2.1997 dated 811 E- 1603 K.), (Source: Turkish Code of Obligations, General Provisions, Doctrine Supreme Court Decisions, Volume 1, Mustafa Reşit Karaaslan, Honorary President of the 13th Civil Chamber of the Supreme Court of Appeals, p. 228, Beta Publications, January 2003 Istanbul)
In the context of the interpretation and evaluation of the provisions of ……………., we also present the following explanatory information for your Court’s appreciation and evaluation.
“As a rule, the gains made by the heir to his/her legal heir in order for him/her to have a job or to be able to practice his/her profession, to give foundation capital, for example; opening a store, restaurant, office, office, office for his/her son, daughter or other legal heirs, establishing a factory, buying machinery and tools for the opened workplaces are subject to equalization.” (Açıklamalı İçtihatlı, Inheritance Tenkis and Muvazaa -Danışık- Davaları, Ali İhsan Özuğur, President of the 2nd Civil Chamber of the Court of Cassation, p. 246, Turhan Kitabevi, Ankara 2005)
Likewise; this view and opinion of ours is fully and completely supported by the following Court of Cassation decision.
LEGAL GROUNDS :
RESPONSE PERIOD :
Conclusion and Request;
Since the title deed belonging to the named defendant was purchased with the income of the company and registered on the defendant’s future inheritance share; since the defendant has filed a lawsuit against my clients again, the real estate in his possession should be accepted as unjust enrichment due to the collusive transaction made within the framework of the provisions regulated in the article …………, (provided that we reserve our right to sue for all rental fees received from the date of registration of the real estate on the defendant until today)
First of all;
a- Regarding the unfair claims made by the defendant against my clients by concealing the truth in a way that is not in accordance with rights and justice, due to the fact that the real estate with a material value of ……… TL was left to him as a share of inheritance in the health of the deceased deceased who left the inheritance, …………., ………….. located within the boundaries of ………., which is determined as ……… house on the Paftas, …………., …………… volume, ……… registration date, ……… row number ……… (courtyard cavernous house) real estate; Based on the provisions of “unjust enrichment” regulated in ………… and the following articles, the cancellation of the title deed records of the real estate registered to him in this way in a “collusive” manner and its inclusion in the inheritance or, in our petition, the real estate registered on the defendant, the real estate registered on the defendant, regulated under the title of “equalization in inheritance” of the Turkish Civil Code … ………… based on the provisions of the articles, the title deeds of the real estate registered in the name of the defendant shall be canceled and the plaintiff and the defendants shall be included in the inheritance in proportion to their shares and registered to the title deed,
b- In order to prevent the transfer of the existing real estate to others and to prevent my clients from being victimized in the future, a precautionary injunction should be placed on the real estate until the end of the case.
c- I request that the defendant be ordered to collect the attorney’s attorney fee and the costs of the proceedings.
I hereby submit my request. Sincerely yours,
Defendants
Deputy
You can access our other article examples and petition examples by clicking here.
