What is the Reserved Portion in Inheritance? Rights in Antalya
The reserved portion in inheritance is the legally protected share that prevents certain heirs from being completely disinherited. In Antalya, especially in districts with many property-owning families such as Muratpaşa, Konyaaltı, Kepez, and Lara, disputes over the reserved portion often arise.
Which Heirs Have a Reserved Portion?
According to the Turkish Civil Code, the reserved portion applies to descendants (children, grandchildren), parents, and the surviving spouse. Even if the testator leaves all assets to others through a will or donation, the reserved shares of these heirs are protected.
How Can the Reserved Portion Be Violated?
The most common situation is when the testator leaves all assets to one person or institution through a will. In such cases, the heirs entitled to the reserved portion may file a reduction (tenkis) lawsuit to claim their share back.
How Common Are Reserved Portion Cases in Antalya?
In Antalya, especially in estates with many real estate properties, claims of violation of the reserved portion are frequent. Transactions made through title transfers or sales may later be challenged by heirs.
Is Timing Important in Reserved Portion Cases?
Yes. Reduction lawsuits must be filed within a certain period after learning of the act affecting the reserved portion. Otherwise, the right to sue may be lost due to the statute of limitations. Therefore, it is highly advisable to work with an experienced Antalya inheritance lawyer.
Contact Us for Detailed Information
For more details about reserved portion and reduction lawsuits, contact us. We provide legal consultancy throughout Antalya, including Serik, Manavgat, Alanya, Finike, Kumluca, Kaş, Demre, and Gazipaşa.
Frequently Asked Questions
Who is entitled to the reserved portion?
Descendants, parents, and the surviving spouse cannot be deprived of their reserved portion by the testator’s will.
What happens if the reserved portion is violated?
Heirs may file a reduction lawsuit to claim their reserved shares back.
What is the deadline for filing a reduction lawsuit?
The lawsuit must be filed within specific legal deadlines after learning about the act; otherwise, it will be time-barred.
Which courts hear reserved portion cases in Antalya?
Such cases are generally heard before Civil Courts of First Instance.