The claims and lawsuits filed by his own children and grandchildren from his first marriage against his tastement has continued to be an exemplary law lesson since the death of the deceased businessman Mehmet Salih Tatlici in 2009. Mehmet Tatlici, one of the sons from the deceased businessman’s first marriage, has filed tens of lawsuits to receive more money from the inheritence of his father’s, keeps losing all these lawsuits one by one. Once for all, The Court of Cassation has again rejected Mehmet Tatlici’s all last appeals…
DO OR DIE?
Now, everyone wonders how the last decision of the Court of Cassation’s will affect Mehmet Tatlici’s endless obsession to file lawsuits relating to the testament of his deceased father in order to get more money than his legal share. We will see how far Mehmet Tatlici will go for this “legal” game which has already become a farce…
LEGAL FARCE WHERE MEHMET TATLICI IS IN THE LEADING ROLE
Mehmet Tatlici is one of three children from the deceased businessman Mehmet Salih Tatlici’s first marriage and he started his “legal battle” against his father’s official testament by having planned before the death of his father on 22 February 2009. In this meaningless legal fight, those who Mehmet Tatlici aimed at were his paternal half-brother, Ugur Tatlici and his deceased father’s second wife and soul mate of 43 years, Nurten Tatlici.
This meaningless legal fight carried out by Mehmet Tatlici with the support of “a huge attorney/legal advisor army” which consists of Turkish and foreign attorneys and law professors follows an interesting course with the examplary lessons recorded in The History of Law in Turkey.
WHAT HAS HAPPENED?
The deceased businessman Mehmet Salih Tatlıcı wrote his official testament on August 2, 1994 when the former Civil Law was in force in Turkey; however, the businessman passed away on February 22, 2009 when the new Civil Law which has entered into force since January 1, 2002 was applicable.
In the testament of Mehmet Salih Tatlici, he disinherited Ahmet and Ali Tatlıcı, his two sons out of three from his first marriage, since they have raided his house and threatened him with death; and demanded the other son Mehmet Tatlıcı to benefit from his protected share of inheritance. He also desired that all of his grandchildren to utilize their protected shares.
After a while, Mehmet Salih Tatlici’s sons, Mehmet Tatici and Ahmet Tatlici, and his grandchildren from his first marriage (previously deceased Ali Tatlici’s children), Salih Ziya Tatlici (adopted by Titiz family and his surname changed as Titiz) and Bedriye Kamer Tatlici were dissatisfied with their portion of the inheritance in the testament and brought actions for the cancellation of testament of the deceased businessman.
THEY WANTED RETROACTION, BUT WERE HINDERED BY THE COURT OF CASSATION
Mehmet Tatlici and other “dutiful” children and grandchildren have an interesting claim in the case:
The terms in the testament of the deceased businessman Mehmet Salih Tatlici should have been fulfilled according to the former civil code which was applicable on the date when this testament was written. Thus, they could get more share from the inheritance…
This was all they hoped…
Ironically and “somehow!”, Istanbul 20th Civil Court of First Instance has proceeded the case decreed accordingly…
Whereas, the fact that the testaments in Turkey may be fulfilled according the provisions of law applicable on the date of death is written even in the textbooks of the first grade of law schools.
FORMER LAW OR NEW LAW?
Actually, this is clearly explained in the 17th article of the new applicable civil code in Turkey:
“the inheritance and transfer of estate are determined according to the provisions applicable on the date of death of the legator.”
In this case, the desires in the testament of Mehmet Salih Tatlici should have been enforced according to the new civil code, not the former one.
Besides, The Court of Cassation decreed accordingly and reversed the judgment of Istanbul 20th Civil Court of First Instance.
The court waived its first decision and affirmed the decision of The Court of Cassation. In its final decision, the court adjudged that the terms in the testament of the deceased businessman Mehmet Salih Tatlici should be fulfilled.
Thus, the portion which Mehmet Tatlici will receive from the inheritance of his deceased father remained at the rate of 1/2 according to the new civil code. If he could retro-actioned the laws (which they hoped), the portion which he will receive from the inheritance would be 3/4.
However, the justice has been served and this farce ended with the decision of The Court of Cassation.
WHAT DID MEHMET TATLICI AIM WITH THIS GAME?
For our readers, to have a clear view about “this legal farce”, let’s clarify the game tried to be played by Mehmet Tatlici:
Mehmet Tatlici, one of the children of the deceased businessman Mehmet Salih Tatlici, requested the partial cancellation of the testament of his father and that the protected share is to be determined as 3/4 of portion of inheritance according to former Civil Code (which was abolished eleven years ago) by filing lawsuits against the testament of his deceased father.
However, later on, he suddenly waived his request for the cancellation of testament in September 2011, and requested that the testament is fulfilled, but the protected share is to be determined as 3/4 according to former Civil Code provisions which already abolished eleven years ago.
With this move, Mehmet Tatlici hoped to receive approximately 50 million dollars more from the portion of inheritance…
However, the justice was served and the Court of Cassation spoiled the game of Mehmet Tatlici’s… (For the detailed information, see the news of “Justice Has Been Served Once Again”).
MEHMET TATLICI, WHO CANNOT GET ENOUGH OF LOSING, APPEALED THE DECISION OF THE COURT OF CASSATION AS WELL…
For sure, Mehmet Tatlici appealed this decision of The Court of Cassation through his attorneys. However, The Court’s 3rd Civil Chamber unanimously resolved the objection of these appeals and APPROVAL of the decisions given previously in the enquiry with trial dated on March 31, 2015 where the request made by Mehmet Tatlici was evaluated.
As a result, Mehmet Tatlici got frustrated once again in this meaningless legal struggle he carried out with his reasoning of “what if” along with his huge army of attorneys/legal advisors…
THE ARITHMETIC OF MEHMET TATLICI’S “WHAT IF…” REASONING:
Let us evaluate Mehmet Tatlıcı’s “what if” reasoning with a simple arithmetic, so that our readers may better understand the issue:
Mehmet Tatlici did not become contented with the portion of inheritance from his father’s at the rate of his protected share, and requested the cancellation of this testament and implementation of the portion according to former civil code provisions and desired firstly an inheritance portion of 12/64.
Then, he waived from the cancellation of the testament, but again requested the implementation of the reserved portion according to former civil code provisions and desired an inheritance portion at the rate of 9/64.
However, as a result of the decision of the Court Cassation, he will now receive an inheritance portion at the rate of 6/64.
Shortly, Mehmet Tatlici, who started with 12/64 and then agreed the rate of 9/64, shall be obliged to be contented with an inheritance portion of 6/64.
WHAT DID MEHMET TATLICI GAIN?
What did Mehmet Tatlici gain in this meaningless legal battle he has been carried out since the death of his father?
What did he lose? Many things…
“CALCULATION ERROR” OF 50 MILLION DOLLARS BY MEHMET TATLICI
The provision of portion calculated incorrectly by Mehmet Tatlici which hit the wall of justice is 50 Million Dollars, excluding the legal charges and the amounts he paid for his army consisting of many attorneys and legal advisors…
A GREAT DIFFERENCE BETWEEN MINIMUM WAGE AND MILLIONS OF DOLLARS
However, even the portion of 6/64, which Mehmet Tatlici should be contented with now, from the inheritance of the deceased businessman Mehmet Salih Tatlici is claimed to be millions of dollars.
In Turkey, the minimum wage (as of October 2015) is monthly 1,201 Turkish liras in gross (about 400 American dollars), and the net sum received is only 949 Turkish liras a month (about 316 American dollars a month)…
For those who are able to understand…
DO OR DIE WITH THE “WHAT IF…” REASONING?
Let’s repeat what we have said at the beginning of our article:
We will see how far Mehmet Tatlici will go for this meaningless legal fight he carried out with a huge money ambition, after this last decisions of the Court of Cassation.
We submit the last decision of the Court of Cassation’s at the attachment of our news for our readers and public eye.
We will keep revealing the facts beyond “the games played” against the deceased businessman Mehmet Salih Tatlici’s honorable memory and legacy, and “all the games and tricks played” against his family he left behind after his passing away…