Inheritance Recovery Lawsuit: Reclaiming Estate Assets

Inheritance law protects heirs not just in theory but in practice. If estate assets (house, car, antiques) are wrongfully held by non-heirs, the remedy is the “Inheritance Recovery Lawsuit” (Miras Sebebiyle Ä°stihkak Davası).

1. Purpose of the Lawsuit

This action allows an heir to recover estate assets from a possessor by relying solely on their status as an heir.

• Plaintiff: Legal or appointed heirs.
• Defendant: The person wrongfully holding the estate property (Possessor).

2. Difference from Title Cancellation

• Unlike a standard property title lawsuit, you don’t need to prove ownership history of the item; you only need to prove you are the heir and the item belongs to the estate. It has a lighter burden of proof.

3. Statute of Limitations

• Against Good Faith Possessor: 1 year from learning of the right, and max 10 years from the opening of succession.
• Against Bad Faith Possessor: 20 years.

4. Scope of Restitution

• Good Faith: Returns the item but doesn’t pay for usage (rent) if they believed they were the owner.
• Bad Faith: Must return the item, pay for usage (ecrimisil), and return all fruits/income with interest.

Legal Support: We assist in identifying estate assets and filing recovery lawsuits.

Professional Legal Support

Contact us for professional legal assistance on this matter.

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