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Property Guide Turkey

Can I Legate a Property to My Relatives?

It is a very good investment option to have a property in a country like Turkey where the real estate and construction sectors are very busy. Foreigners who has invested for 250 thousand dollars in Turkey, are able to become a Turkish citizen. So is it possible for those to legate a property to their relatives?

Especially in last few years, the attempts to purchase real estate in Turkey by foreigners show an intensive growth. However, what will happen after the deaths of the owners of these properties and which legal proceedings will be entitled to their heirs is the matter that creates a hesitation in practice.

The first action needed when that person died who owns a property in Turkey is to collect some document that proves the death. Upon receiving these documents, the process of filing the inheritance certificate will begin. Also available to their heirs are the restrictions imposed on the acquisition of properties by foreigners in Turkey. And the necessary examination is also carried out in this regard. The Land Registry Office will conduct the transfer proceedings if the necessary conditions are met.

In this regard, those who bought a house from Turkey, they will be able to legate a property to their children and relatives. They will make a profitable investment as a freehold for themselves today. At the same time, their children or relatives will gain Turkish citizenship in the future.

How to Obtain Inheritance Certificate to Legate a Property?

In the decision of the 7th Civil Chamber of the Supreme Court of Appeals on 2012/7173 E. 2013/366 K. dated 23rd of January 2013, in Turkish Law, of the Turkish court that is authorized to issue a inheritance certificate, there is no provision preventing the issuance of a inheritance certificate for the foreign legacy, and it is possible to obtain the inheritance certificate from the Turkish courts.

According to this, the court’s procedures are as follows;

1) State courts or Population Directorates should provide space for properly recorded population records showing the inherited relationship between the person and the spouse and children.
2) The claimant should be asked whether they are requesting a certificate of inheritance on securities and property or both.
3)Two separate inheritance certificates should be issued, if necessary, on securities and property, according to the findings of the evidence collected.

The requirement for reciprocity in the acquisition of property by foreigners in Turkey has been abolished with Law No. 6302, which entered into force on May 18, 2012. Accordingly, the citizens of the countries determined by the Council of Ministers can obtain a property from our country under certain conditions. Therefore, it can also be acquired by inheritance under certain circumstances relating to property in Turkey.

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