20. LAW OFFICE
ESAS NO: 2017/10903
DECISION NO: 2018/95
DATE OF DECISION: 15.1.2018
In the case brought against the request of the certificate of inheritance, the decision of the Ministry of Justice and the B Magistrates‘ Courts was issued separately after the decision of the regional courts of justice because the decision was made after the decision of the judicial courts. and 36/3 of the Law No. 5235. In accordance with the provisions of the jurisdiction of the judicial courts within the jurisdiction of the judicial courts in the jurisdiction of the judicial jurisdiction in the first instance of the regional courts of justice to resolve the jurisdiction and duty disputes between the first-instance courts to determine the location of all documents in the file were examined, the necessary was considered:
The case concerns the request for issuance of an inheritance certificate.
A Magistrates‘ Court of Justice, the legacy of the Federal Republic of X is a citizen, the last settlement is not claimed to be in Izmir and there is no such evidence in the direction of the land located in the province of Mersin, Silifke district was decided in jurisdiction.
B Magistrates‘ Court decided not to issue a certificate of inheritance in the cases of the issuance of the certificate of inheritance, that the parties did not have any objection to the authority, and that the court could not be given the decision of jurisdiction.
It was understood from the scope of the file that the dispute was related to the request of the plaintiffs‘ inheritance certificate.
Inheritance request, temporary 3/2 of 6100 numbered law and procedural law. Article 384 of the Civil Procedure Law and Article 382, which is counted from the non-contentious judicial affairs, unless the provision contrary to the law is contrary to the law of the procedural law11 / 3. In the article, it is stated that the court where each of the heirs resides is also authorized in the cases regarding the cancellation of the heritage certificate and the issuance of a new heritage certificate. According to this situation, since there is no strict rule of authority in the issuance of the certificate of inheritance, it should be seen and concluded in the 10th Civil Court of Peace, Izmir, the first court where the case was opened.
CONCLUSION: For the reasons stated above; Pursuant to articles 21 and 22 of the procedural law, it was decided unanimously on the date of 15/01/2018 that the Izmir 10th Civil Court of Peace be determined as the jurisdiction.