Dissolution of Partnership (İzale-i Şüyu) Lawsuit in Turkey

Summary: Heirs own inherited property under 'Joint Ownership' (_Elbirliği Mülkiyeti_). If one wants to sell and another refuses, the property is deadlocked. The ...

Heirs own inherited property under “Joint Ownership” (Elbirliği Mülkiyeti). If one wants to sell and another refuses, the property is deadlocked. The key to unlocking this is the “Dissolution of Partnership” (Ortaklığın Giderilmesi, formerly İzale-i Şüyu) lawsuit.

1. Who Can File?

Any shareholder (heir) can apply to the Civil Court of Peace. You do not need the consent of other shareholders to file this case.

2. Methods of Dissolution

A) Physical Division (Aynen Taksim)

If the property is physically divisible (e.g., a large land that can be split into 4 independent parcels under zoning laws), the court prefers this. Each heir gets a piece.

However, for properties like a single apartment, this is physically impossible.

B) Sale by Auction (Satış Suretiyle)

If division is impossible, the court orders the property to be sold via Public Auction.

A valuation is made.
An auction is held (online via UYAP E-Satış).
The highest bidder takes the property, and the money is distributed to heirs according to their shares.

3. Advantage for Heirs

Can the sale be restricted to heirs only?

Yes, if ALL heirs agree unanimously, the court can restrict the auction so that only heirs can bid. Outsiders cannot enter. (If even one heir objects, it becomes a public auction).

FAQ

Who pays the court fees? The plaintiff pays initially, but all costs and legal fees are deducted from the sale proceeds or collected from all heirs proportionally at the end. Because the lawsuit benefits everyone.

Legal Support: We represent clients in partnership dissolution cases and manage the auction bidding process.

Professional Legal Support

📞 Call Now: +90 554 192 47 20

📧 Email: info@avukatfevziyaskir.com

📍 Address: Opposite the Courthouse, Karatay/Konya, Turkey

⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.