Sample Petition For The Cancellation Of A Certificate Of Inheritance
TO THE HONORABLE COURT
…….
CASE NO.: …….
DEFENDANT RESPONDING: …….
ATTORNEY: …….
PLAINTIFFS: …….
ATTORNEY: …….
CASE: Cancellation of Inheritance Certificate
SUBJECT: Our response to the lawsuit.
EXPLANATIONS: 1-The events described in the petition are not true. We object. As follows;
2-The plaintiff objects to the inheritance certificate dated ……. with reference number ……. and decision number ……. that we previously obtained from …….
3-The objections are completely unfounded. The plaintiff claims that he is the child of the deceased’s extramarital relationship and therefore also an heir.
4-The inheritance certificate is issued after examining the deceased’s population records. The court has done this. If the plaintiff has a claim, they must raise their claims that they are the child of the deceased in another lawsuit, prove their case, and change their population record according to this new decision. Only then can they file a lawsuit for the cancellation of the existing inheritance certificate. However, the plaintiff has no such lawsuit. The inheritance certificate obtained is valid until proven otherwise.
5-We request the dismissal of the plaintiff’s baseless claims and the lawsuit.
CONCLUSION: For the reasons stated above, we request that the plaintiff’s case be dismissed, that all court fees and expenses be borne by the opposing party, and that the opposing party’s attorney’s fees be awarded to us as attorneys, in accordance with the last paragraph of Article 164 of the Attorney’s Act No. 1136, as amended by Act No. 4667.
DEFENDANT’S ATTORNEY