FORUM
  Home
  Forums
  Photo Gallery
  TLF Donations
  Forum Rules
  Register
  LINKS
  Property Buying Guide
  Didim Google Map
  Weather Station
  Classified Ads
  FUN
  Arcade Games
  Daily Crossword
  Jen's Chat Room
  Lira Exchange Rates

Go Back   Turkish Living Forums > All About Turkey > Altinkum Forum > Summer Breeze - Sunset Homes

Post New Thread  Reply
 
LinkBack Thread Tools Display Modes
Old 4th November 2015, 17:41   #1 (permalink)
New Member
 

Thanks: 0
Thanked 0 Times in 0 Posts
Cosy589 is on a distinguished road
How to change tapu with deceased husbands name on it

Hi my late husband and I purchased a property in altinkum however my husband passed away 10 years ago we had a daughter together, he didn't leave a will but everything came to me, I have now found out I can't sell the property until I have my husbands name removed, I have since re married, my daughter is nearly 21 and due to go to university therefore we need funds for this, I don't know where to turn to and how much this will cost, I do have someone in altinkum who would like to buy my apartment, please please can someone help me?
Regards helen
Cosy589 is offline send PM Reply With Quote Share on facebook
Old 4th November 2015, 18:30   #2 (permalink)
To Young to be This Old
 

Thanks: 8,677
Thanked 5,812 Times in 2,089 Posts
TNT123 has a reputation beyond repute TNT123 has a reputation beyond repute TNT123 has a reputation beyond repute TNT123 has a reputation beyond repute TNT123 has a reputation beyond repute TNT123 has a reputation beyond repute TNT123 has a reputation beyond repute TNT123 has a reputation beyond repute TNT123 has a reputation beyond repute TNT123 has a reputation beyond repute TNT123 has a reputation beyond repute
Re: How to change tapu with deceased husbands name on it

Cosy not sure of the finer details,but,is your late husband the only name on the Tapu. If yes,you get 50% and your daughter gets 50%.So all you need is your daughters signature and yours to sell the property.Things might have changed as this IS Turkey,but I'm sure someone will be along shortly to correct me,or give you some more advise.
PS:Who told you that your husbands name needs removing.
Trev.
TNT123 is offline send PM Reply With Quote
The Following User Says Thank You to TNT123 For This Useful Post:
tintagel (5th November 2015)
Old 4th November 2015, 23:30   #3 (permalink)
senior member
 
REDDERS's Avatar
 

Thanks: 1,694
Thanked 1,886 Times in 914 Posts
REDDERS has a reputation beyond repute REDDERS has a reputation beyond repute REDDERS has a reputation beyond repute REDDERS has a reputation beyond repute REDDERS has a reputation beyond repute REDDERS has a reputation beyond repute REDDERS has a reputation beyond repute REDDERS has a reputation beyond repute REDDERS has a reputation beyond repute REDDERS has a reputation beyond repute REDDERS has a reputation beyond repute
Re: How to change tapu with deceased husbands name on it

I believe you will find that under Turkish inheritance laws regarding immovable goods ( property ), the spouse will receive 25% & and the sibling 75%. Your daughter may have to supply a noterised letter from the UK stating she has no interest in the property and signs her inheritance over to you. This then may well have to be translated and Noterised in Turkey, or she may be able to make you Power Of Attorney..
__________________
Martin..

Marriage is a workshop..where husband works and wife shops..
REDDERS is offline send PM Reply With Quote
The Following User Says Thank You to REDDERS For This Useful Post:
tintagel (5th November 2015)
Old 5th November 2015, 00:35   #4 (permalink)
Senior Member
 
tintagel's Avatar
 

Thanks: 35,641
Thanked 9,968 Times in 3,907 Posts
tintagel has a reputation beyond repute tintagel has a reputation beyond repute tintagel has a reputation beyond repute tintagel has a reputation beyond repute tintagel has a reputation beyond repute tintagel has a reputation beyond repute tintagel has a reputation beyond repute tintagel has a reputation beyond repute tintagel has a reputation beyond repute tintagel has a reputation beyond repute tintagel has a reputation beyond repute
Re: How to change tapu with deceased husbands name on it

Quote:
Originally Posted by Cosy589 View Post
Hi my late husband and I purchased a property in altinkum however my husband passed away 10 years ago we had a daughter together, he didn't leave a will but everything came to me, I have now found out I can't sell the property until I have my husbands name removed, I have since re married, my daughter is nearly 21 and due to go to university therefore we need funds for this, I don't know where to turn to and how much this will cost, I do have someone in altinkum who would like to buy my apartment, please please can someone help me?
Regards helen
Cosy, your situation is more complicated because the Turkish inheritance laws are different to UK's, this could become very complicated/expensive (lots of paperwork, POA's, translator's, notary costs etc If you are not very careful.

Of course if you had, your previous husbands POA to sell the property, it would have simplified the process. Barring this, you'll (as posted by 'Redder's) need to get a notarised document (in English & Turkish) from your daughter declaring her interest in your diseased husbands estate via a notarised legal declaration.

Best wishes.
__________________
tintagel is offline send PM Reply With Quote
The Following 2 Users Say Thank You to tintagel For This Useful Post:
Jan1 (5th November 2015), TNT123 (5th November 2015)
Old 5th November 2015, 02:25   #5 (permalink)
stuart
 

Thanks: 813
Thanked 947 Times in 529 Posts
stuart is a splendid one to behold stuart is a splendid one to behold stuart is a splendid one to behold stuart is a splendid one to behold stuart is a splendid one to behold stuart is a splendid one to behold stuart is a splendid one to behold stuart is a splendid one to behold
Re: How to change tapu with deceased husbands name on it

You need to see a lawyer imo as will probably involve the courts about issues involving the inheritance.
stuart is offline send PM Reply With Quote
The Following User Says Thank You to stuart For This Useful Post:
esb1841 (5th November 2015)
Old 5th November 2015, 02:33   #6 (permalink)
Senior Member
 

Thanks: 2,257
Thanked 2,367 Times in 1,359 Posts
esb1841 has disabled reputation
Re: How to change tapu with deceased husbands name on it

Here are some information that might help you

Once a Turkish institution of any kind becomes aware of the death of a person registered as an asset holder with them, that asset is frozen and placed under the guardianship of the state.

In the matter of immovable property, the Land Registry will make a note on the title documents indicating that the asset owner has passed away and transfer of that asset can then only take place with permission from the court.

In the case of financial assets, banks will take the same approach and block the use or transfer of assets until a court authorises their release. Where a deceased person is a joint account holder, the jointly held assets will be blocked proportionately. (i.e. 50% in the case of two names on the account, 33% in the case of three names on the account and so on). This is true even where only one signature is required to operate the account.

Uk documents will need to be sent to THE LEGALISATION OFFICE

https://www.gov.uk/government/upload...ce-Leaflet.pdf

https://www.gov.uk/government/public...idance-leaflet

You should be aware this is a long drawn out process that can take between 6 months to 2 years or longer if some of the documents required are not produced, you should seek a Turkish lawyer that has handled similar cases, beware of using anyone that is unable to produce past evidence of handling such type of cases or anyone that says it can be completed in a few weeks


Factsheet on Inheritance in Turkey

How to Deal with an Inheritance in Turkey | Worldwide Lawyers

Last edited by esb1841; 5th November 2015 at 02:49..
esb1841 is offline send PM Reply With Quote
The Following 3 Users Say Thank You to esb1841 For This Useful Post:
Akasya (5th November 2015), davem (5th November 2015), tintagel (5th November 2015)
Old 5th November 2015, 06:41   #7 (permalink)
Senior Member
 

Thanks: 9,754
Thanked 6,836 Times in 2,322 Posts
Hilsjw has a reputation beyond repute Hilsjw has a reputation beyond repute Hilsjw has a reputation beyond repute Hilsjw has a reputation beyond repute Hilsjw has a reputation beyond repute Hilsjw has a reputation beyond repute Hilsjw has a reputation beyond repute Hilsjw has a reputation beyond repute Hilsjw has a reputation beyond repute Hilsjw has a reputation beyond repute Hilsjw has a reputation beyond repute
Re: How to change tapu with deceased husbands name on it

Wouldn't it be fair easier and quicker to go with the flow in Turkey ? i.e. the mother accepts 50/75% and her daughter the other amount and, as they already have a buyer they could pool all the money back in the U.K. As I undertand it, the money is to finance the daughters further education. Is this too simple and logical for Turkey ?
Hilsjw is offline send PM Reply With Quote
The Following User Says Thank You to Hilsjw For This Useful Post:
tintagel (5th November 2015)
Old 5th November 2015, 07:14   #8 (permalink)
20 - 12 - 3
 
yalimart's Avatar
 

Thanks: 11,470
Thanked 18,516 Times in 7,972 Posts
yalimart has a reputation beyond repute yalimart has a reputation beyond repute yalimart has a reputation beyond repute yalimart has a reputation beyond repute yalimart has a reputation beyond repute yalimart has a reputation beyond repute yalimart has a reputation beyond repute yalimart has a reputation beyond repute yalimart has a reputation beyond repute yalimart has a reputation beyond repute yalimart has a reputation beyond repute
Re: How to change tapu with deceased husbands name on it

Quote:
Originally Posted by Hilsjw View Post
Wouldn't it be fair easier and quicker to go with the flow in Turkey ? i.e. the mother accepts 50/75% and her daughter the other amount and, as they already have a buyer they could pool all the money back in the U.K. As I undertand it, the money is to finance the daughters further education. Is this too simple and logical for Turkey ?
But the dughter doesnt own any of it until her name goes on the tapu which would surely follow a similar legal process. Im sure nothing is simple.

Martin
__________________
Born in Mancunia

3 Trophies in 10 days
yalimart is offline send PM Reply With Quote
The Following 3 Users Say Thank You to yalimart For This Useful Post:
Spurs (5th November 2015), tintagel (5th November 2015), TNT123 (5th November 2015)
Old 5th November 2015, 07:24   #9 (permalink)
Senior Member
 

Thanks: 901
Thanked 2,574 Times in 1,587 Posts
evo80 has a reputation beyond repute evo80 has a reputation beyond repute evo80 has a reputation beyond repute evo80 has a reputation beyond repute evo80 has a reputation beyond repute evo80 has a reputation beyond repute evo80 has a reputation beyond repute evo80 has a reputation beyond repute evo80 has a reputation beyond repute evo80 has a reputation beyond repute evo80 has a reputation beyond repute
Re: How to change tapu with deceased husbands name on it

I even saw it said somewhere if the one on the TAPU, dies . Then if they died( say ) in UK just sell without notifying Turkish authorities.And save all that Aggro.
evo80 is offline send PM Reply With Quote
Old 5th November 2015, 07:29   #10 (permalink)
20 - 12 - 3
 
yalimart's Avatar
 

Thanks: 11,470
Thanked 18,516 Times in 7,972 Posts
yalimart has a reputation beyond repute yalimart has a reputation beyond repute yalimart has a reputation beyond repute yalimart has a reputation beyond repute yalimart has a reputation beyond repute yalimart has a reputation beyond repute yalimart has a reputation beyond repute yalimart has a reputation beyond repute yalimart has a reputation beyond repute yalimart has a reputation beyond repute yalimart has a reputation beyond repute
Re: How to change tapu with deceased husbands name on it

Quote:
Originally Posted by evo80 View Post
I even saw it said somewhere if the one on the TAPU, dies . Then if they died( say ) in UK just sell without notifying Turkish authorities.And save all that Aggro.
How ?

Martin
__________________
Born in Mancunia

3 Trophies in 10 days
yalimart is offline send PM Reply With Quote
Reply

Tags
change , deceased , husbands , tapu



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Change of name on Tapu davidG Tapu/Dask/habitation certificates 30 21st March 2012 20:08
Tapu Name change Edie Tapu/Dask/habitation certificates 13 13th February 2012 14:27
tapu change over patrickjohn Bodrum Forum 3 8th November 2009 10:45
It is no more - it is deceased!!! ihutch Dalyan Forum 1 6th November 2009 19:51
Name change on Tapu GoodGirl Turkish Legal Helpdesk 1 9th February 2009 09:47



All times are GMT +1. The time now is 03:53.
TurkishLiving.com tested by Norton Internet Security TurkishLiving.com tested by McAfee Internet Security
Powered by vBulletin® Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
SEO by vBSEO ©2011, Crawlability, Inc.
Style Provided By: Wrestling Clique - Wrestling Forums
TurkishLiving.com


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155