“The Very Interesting Decrees” of Istanbul 1st Domestic Relations Court

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The children of the deceased businessman Mehmet Salih Tatlıcı, Mehmet Tatlıcı being in the first place, who were born from his first marriage continue to pursue the more of purparty which has been left to them by their deceased father and expressed in amount of million dollars.  

Within this period, decrees taken from some courts continue to be written in the law history of this country as an exemplary law lesson, as we always have witnessed in “the obsession of Mehmet Tatlıcı regarding this meaningless act of petitioning over and over” for 7 years…

A “very interesting” decision has been added to   those by 1st Domestic Relations Court.  There are important “law lessons” in this decision of Magistracy of the Court, which will make history in our law practice.

In today’s news comment, we will share this court decree which adds a new one to the law comedies, blatantly played again, similar to the lawsuits brought up before by Mehmet Tatlıcı,  and the truth behind it with our readers and public. 

Futile “law struggle” in which Mehmet Tatlıcı constantly fails

Mehmet Tatlıcı is one of three sons from the first marriage of the deceased businessman Mehmet Salih Tatlıcı. This “dutiful” child was not pleased with the estate left by his deceased father and has been enchafing both himself and the family members who have the same surname with him for years in a law struggle that he had carried out by planning long before his father’s death.

Mehmet Tatlıcı could not achieve any legal result that he had aimed for even though having dozens of lawyers and law professor consultants under his command. But the very same Mehmet Tatlıcı cannot contain himself for bringing up new lawsuits with exemplary acts which will be recorded in the history of law as a child who is not saturated with failing… (For detailed information about this subject, please see: News titled “Mehmet Tatlici Running Short of Attorneys” and “Avukat Koleksiyonunu Genişletiyor”.)

Mehmet Tatlıcı was not satisfied with the estate which was left to him by his deceased father and is alleged to be in the amount of millions of dollars and brought many lawsuits about revocation of the will and determination of the inheritance and lost all of them… (Please see, news titles “Mehmet Tatlıcı Yine Kaybetti…”; “Mehmet Tatlici Cannot Get Enough Of Losing…”).

“Law comedies” played with the mentality of “what if it happens”

It seems that Mehmet Tatlıcı did not learn his “law lessons” from failing to revoke the will and obtain more money more, even a dime more, from the inheritance of the deceased businessman, his father, Mehmet Salih Tatlıcı, because now he is after new “games” in which he still tries to push forward “grey areas” of the law.

Just like a child who cannot get over that he just lost the game, Mehmet Tatlıcı wants to play the same game again and again…

We think that the unendingly itching palm of Mehmet Tatlıcı will make him continue his pursuit after many “law games” with the mentality of “what if it happens”, as always has been…

Mehmet Tatlıcı has played the same games in the past with the mentality of “what if it happens” in all such lawsuits which have been brought with clear purpose of harassment.

It is very interesting that some court judges could decree exemplary decisions which made to our law history by not being able to see the “law games” of his unfortunately in these lawsuits which have been brought up by Mehmet Tatlıcı and actually has a clear beginning and ending.

It will be beneficial to share the similar exemplary decisions in the past with our readers and public once more before mentioning practices against our current laws and legal procedures in the latest decree of Istanbul 1st Domestic Relations Court:

What was these exemplary decisions that went down our law history?

To apply the law not according to current law provisions but repealed former law provisions…

Yes you did not read that wrong, one court judge, unfortunately, could not see the “what if it happens” games of Mehmet Tatlıcı that even Law students in 1st class can know well and interpreted the law according to former law provisions and decreed in favor of Mehmet Tatlıcı…

Here, it will be beneficial to summarize the will of the deceased Mehmet Salih Tatlıcı, his will and the developments after that:

Philanthropist businessman Mehmet Salih Tatlıcı and his will

The deceased businessman Mehmet Salih Tatlıcı was a charitable person who had put his signature under great successes with his resolution, patience and diligence in the business life which he had begun simply from zero.

He had left a substantial fortune after his death in February 22nd, 2009. The deceased businessman had very clearly and transparently stated how his fortune to be divided n his official will which he had drawn up on August 2nd, 1994, 15 years before his death.

According to his will, Mehmet Salih Tatlıcı had disinherited Ali and Ahmet Tatlıcı, his children from his first marriage, because they have threatened him and his second wife with death, and wished that Mehmet Tatlıcı, his other son from his first marriage, to benefit only within the rate of reserved portion of his inheritance, and in his will, he had stated that his grandchildren from these three sons of his to be benefited from the inheritance only in the amount of reserved portion.

The deceased businessman had left the rest of his inheritance to his second wife Nurten Tatlıcı and his youngest son, Uğur Tatlıcı, from this second marriage, in the will which had come to the light after his death.

Dutiful children and grandchildren who are not satisfied with portion of inheritance and the will

Nevertheless, Mehmet Tatlıcı was not satisfied from this portion of inheritance of his deceased father and brought lawsuits for revocation of will and redetermining the purparty. Ahmet Tatlıcı, who is the child of Mehmet Salih Tatlıcı from his first marriage and the children of Ali Tatlıcı, who was the child of Mehmet Salih Tatlıcı and deceased before, Salih Ziya Tatlıcı and Bedriye Kamer Tatlıcı have participated to this.

Mehmet Tatlıcı has brought a lawsuit to revoke his father’s will

Mehmet Tatlıcı has brought a lawsuit to revoke his deceased father’s will. Ahmet Tatlıcı, who is the child of the deceased from his first marriage and Salih Ziya Tatlıcı (who is the child of deceased Ahmet Tatlıcı) the grandchild of the deceased have also been included in this.

Istanbul 20th Civil Court of First Instance has heard their lawsuit and gave a very interesting decision: The elements ordered by the deceased Mehmet Salih Tatlıcı in his will must be fulfilled according to the former civil code, which was on force on the date the will was written.

The former law was gone and new law has come but noone was seeing this

However even in the textbooks taught in 1st class of Law Faculty it was written that the wills would be fulfilled according to the law applicable on the death date in our country.

Our current Civil Code also explains this situation clearly in its 17th Article: “Heirship and transfer of estate is determined according to the provisions which are in force on the date of death of legator.”

In this case the wishes of Mehmet Salih Tatlıcı in his will should have been applied according to our new civil code, not the former one…

In fact, everything was very clear as being mentioned in the law textbooks and seen in the law article above, but the court has decided on that kind of decree and said that the will shall be fulfilled according to the former law…

This interesting decision has made Mehmet and Ahmet Tatlıcı and Salih Ziya Tatlıcı very happy. Because in this case, the former civil code provisions, which have been abolished years ago, would be applied and their share from the estate of the deceased Mehmet Salih Tatlıcı would be 3/4.  However, the new civil code states that their shares must be 1/2. That is, three fourths share was bigger than half (1/2), that was what they were happy about… They would get more share from the inheritance…

“Wrong calculation” came back from Supreme Court

Yargıtay (Supreme Court) 3rd Civil Chamber has answered all of these with the most clear reply:

Supreme Court has stated clearly with the decree given on July 1st, 2013 that the wishes of Mehmet Salih Tatlıcı in his will must be fulfilled according to the new law, not the former one, and reversed the said judgment of Istanbul 20th Civil Court of First Instance.

As is seen, the said lawsuit brought by Mehmet Tatlıcı with the mentality of “what if it happens” has developed on behalf of Mehmet Tatlıcı with the “interesting” decision given by 20th Civil Court of First Instance but later when it comes to the Supreme Court stage,justice has been served and Supreme Court 3rd Civil Chamber has reversed this wrong judgment of the said court.

Supreme Court has stated in the justification of the decree it has taken that the law must be applied according to the new law, not the abolished provisions of former law. After that, the court has acted in the direction of this decision of Supreme Court and concluded the lawsuit against Mehmet Tatlıcı by changing its first decision, which it had wrongfully decreed previously.

(For detailed information about this subject, please see: News titled “Mehmet Tatlıcı Yine Kaybetti…”; “The Court of Cassation Rejects the Annulment of the Testament”; “Yargıtay’dan Bir Hukuk Dersi Daha”).

Mehmet Tatlıcı has continued this meaningless law struggle with the same “games” for 7 years: Tactic of “what if it happens”…

Almost all of the lawsuits brought by Mehmet Tatlıcı for 7 years are the series of lawsuits with the purpose of harassment which is now clearly seen to be brought with the goal of “dismaying” his deceased father’s second wife Nurten Tatlıcı and his brother Uğur Tatlıcı, of the same father, who was born from this second marriage, and “bringing them to the point that he wants”.

After Mehmet Tatlıcı could not revoke his deceased father’s will with those lawsuits and was disappointed in “law games” that he hoped to get more purparty by applying the laws in retroaction, now he starts to turn his route with a new lawsuit process which is clearly with the purpose of harassment against his deceased father’s second wife, Nurten Tatlıcı:

A new example to “what if it happens” tactic of Mehmet Tatlıcı:

“We could not make it in 20th Civil Court of First Instance, let’s see that if we can make it in Domestic Relations Court”

This time Mehmet Tatlıcı wants to “test” his lawsuit obsessions with the mentality of “what if it happens” with which he targets the family of his deceased father in Istanbul 1st Domestic Relations court this time…

The target of Mehmet Tatlıcı with this lawsuit is the real estates registered on his deceased father’s second wife Nurten Tatlıcı again.

The “obsession” of Mehmet Tatlıcı in this new lawsuit with the mentality of “what if it happens” is to get provisional injunction to be applied on these real estates which are registered in the name of Nurten Tatlıcı to prevent the transfer and registration to 3rd parties.

Istanbul 1st Domestic Relations Court has put its signature under an exemplary decision to make our law history in the lawsuit brought by Mehmet Tatlıcı with the mentality of “what if it happens”:

To apply provisional injunction on these real estates while there is no provisional injunction decree by the court regarding the real estates that belong to Nurten Tatlıcı…

This decree of Istanbul 1st Domestic Relations Court has reminded us about the previous decision of Istanbul 20th Civil Court of First Instance which we mentioned above. Again, an exemplary “law comedy” is being staged to make our law history and for some reason all decisions against the law are concluded on behalf of Mehmet Tatlıcı…

“Interesting” decrees of Istanbul 1st Domestic Relations Court…

Here, we would like to share these exemplary decrees of Istanbul 1st Domestic Relations Court and why these are written in our country’s law history as an exemplary lesson again with our readers and public:

After Mehmet Tatlıcı has torturously “tested” that he could not get his father’s will revoked and get more purparty over the former provisions of the old law by applying the law inversely so to speak, he went to Istanbul 1st Domestic Relations Court with the hope of “testing” another scenario and brought a new lawsuit.

His purpose in this new lawsuit was to put provisional injunction on the real estates of his father’s second wife Nurten Tatlıcı, with the mentality of “what if it happens”…

In this lawsuit which is clearly brought with the purpose of harassment, magistracy of the court, unfortunately, has decided on a very “interesting” judgment that could result on behalf of Mehmet Tatlıcı in a practice out of the law and codes state:

Applying provisional injunction on the real estates registered in the name of Nurten Tatlıcı by sending official letters to the related directorates of land registry stating to apply injunction, without having a provisional injunction decision decreed by the court…

Furthermore, there is an “interesting” statement of the judge of the court confirming the wrong practice related to this “INTERESTING” decision:

The judge of Istanbul 1st Doemstic Relations Court says in statements within the official court minutes clearly that even though letters have been written to the related directorates of land registry about applying provisional injunction on the real estates which are the subjects of the lawsuit, the related interim decision about this subject was mistakenly left out…

In short Istanbul 1st Domestic Relations Court clearly accepts that, with this decision, letters were written to directorates of land registry, in which 17 real estates of Nurten Tatlıcı are registered, related to applying provisional injunction, without any decisions about these provisional injunctions taken by the court, and the right of disposal of Nurten Tatlıcı on these real estates, which is the fundamental right of her, was limited by this practice.

This decision is a very serious violation of right which cannot be accepted legally, this practice prevents our citizen to dispose freely on the real estates that she owns and the court has not shown any legal basis in this matter…

Thus the decision of Istanbul 1st Domestic Relations Court is against the legal procedures and the laws of our country.

The judge of Istanbul 1st Domestic Relations Court has not even considered the objections made according to the requirement of law and rejected all legal claims…

The judge of Istanbul 1st Domestic Relations Court has rejected all objections made to the court in the direction of the lawlessness and wrongfulness of these decisions.

While giving this rejection decree, again despite the clear law provision, the court has not even invited the injured party to “hear” them.

In this case, a court judge in our country can apply provisional injunction on the property of a citizen without having a provisional injunction decision, completely against to applicable laws and legal procedures and reject all objections on the contrary of laws and legal procedures without even listening to the citizen that it had injured with its decision…

Applicable laws and legal procedures were not applied during the prosecution process…

Istanbul 1st Domestic Relations Court has put its signature under an unfair, lawless and invalid decision against Article 391 of Code of Civil Procedure and accepted the provisional injunction claim of Mehmet Tatlıcı simply confirming his “what if it happens” tactic and directly rejected the objections of the injured party regarding to this practice without even listening to them.

Thus Istanbul 1st Domestic Relations Court has violated the provision of Article 394/4 of Code of Civil Procedure clearly: 

“Objections are made via petitions. The petitioner has to indicate the objection reasons clearly and add all evidence which are basis to the objection to the petition. COURT INVITES THE RELATED PARTIES TO LISTEN THEM: if they do not come, court decides on the subject by reviewing the file. Court may change or revoke its decision upon the objection.”

In addition to that, Istanbul 1st Domestic Relations Court has not indicated any justification to the provisional injunction decision on behalf of Mehmet Tatlıcı and accepted that the judgment of this decision was “mistakenly left out”…

With all these reasons, this game staged here is clearly a “law comedy” and has been an exemplary law lesson written in the law history of our country once more unfortunately.

Regrettably, there is a laughable lawsuit brought by Mehmet Tatlıcı with the mentality of “what if it happens” and, even though being interestingly against laws and procedure, there is a court decision taken on behalf of Mehmet Tatlıcı…

It is also against to law to give a provisional injunction decree in a lawsuit without a matter of dispute

Another important and interesting subject here is the fact that these real estates, to which provisional injunction was applied and which is the subject of this tragicomical lawsuit of Mehmet Tatlıcı, could not even be matter of dispute according to our laws. However Istanbul 1st Domestic Relations Court “cannot see” this legal truth for some reason.

Because in this lawsuit brought by Mehmet Tatlıcı there is matter of dispute that could require to apply provisional injunction decision by the court judge in fact.

Here, there is a lawsuit which is brought by Mehmet Tatlıcı with the mentality of “what if it happens” again and with the purpose of harassment related to the collection of the receivable regarding the division of matrimonial property only and thus the real estates which was made matter of dispute in this lawsuit are not actually the direct subject matter.

Besides, the statements of Mehmet Tatlıcı in the lawsuits he brought confirm this:

“… the said lawsuit is not related to the real right of the real estate, but for the receivable of our client to be paid in cash according to the procedures of division of matrimonial property.”

Where do the decisions of Istanbul 1st Domestic Relations Court comply in the law procedure?

It is stated in Article 389 of Code of Civil Procedure that provisional injunction decision can be taken about the subject matter. the fact that these real estates cannot be subject matter can easily be understood both from the nature of the lawsuit and in the statement of Mehmet Tatlıcı above, which mentions that this lawsuit has no subject matter and is just a lawsuit claiming to have a payment with division of matrimonial property.

In this case, it is clear that the provisional injunction decision of Istanbul 1st Domestic Relations Court over real estates which are not actually the subject matter is against the procedural articles. But judge authority of the said court has ignored this case and decided on this decree against law…

Why all these infraction of rules continue in the lawsuits opened by Mehmet Tatlıcı?

Of course, this decision is given on behalf of Mehmet Tatlıcı, for some reason, against our applicable laws and legal procedures…

As we have witnessed before, decisions against law and legal provisions of our country have been given on behalf of Mehmet Tatlıcı for some reason and thus these can be recorded in our law history as an exemplary decision one by one…

In the last 7 years, we have witnessed the similar developments in law games staged by Mehmet Tatlıcı with the mentality of what if it happens:

Such wrong decisions taken by some courts are returned to the courts by being reversed by Supreme Court later one by one…

In fact Mehmet Tatlıcı should have understood that he cannot get anywhere with all these “legal acrobatics” in the past law lessons; but his sole goal is to clear the way for a legal process that could take years with these kind of “tactics” and try to dismay the family members who carry the same surname with him and get more money from his father’s second wife with these games since he could not get what he hoped for in the division of his deceased father’s inheritance.

Thus Mehmet Tatlıcı continues to the game of “what if it happens” with the thought of “maybe I could get the things which I could not take from inheritance from them” by bringing lawsuits with the purpose of harassment with the cunningness of dismaying his own family members.

Unfortunately, exemplary court decisions that we have shared with our readers in our previous news actually plays into the hands of Mehmet Tatlıcı in “short term”. But as a result, all these lawlessness return from Supreme Court one by one and justice is served every time…

But no sorrow, the real goal of Mehmet Tatlıcı is here is to prevent the family members benefiting from the remaining inheritance with these lawsuits with the purpose of harassment…

“Law comedy” being staged for 7 years since the death of Mehmet Tatlıcı’s father has been established exactly on this “scenario”: “If it is not beneficial for me, then nobody can get benefit from it”

The judge of Istanbul 1st Domestic Relations Court has even applied provisional injunction on the real estates which have been transferred as donation and not been obtained within the marriage by a letter sent to directorates of land registry, in addition to that, judge was able to do these without deciding a provisional injunction judgment…

The judge of Istanbul 1st Domestic Relations Court goes so far with the decisions taken on behalf of Mehmet Tatlıcı that even almost entire the subject matter real estates were transferred as donation, a provisional injunction is applied on these against the law…

Also, even provisional injunction procedure was applied on the real estates which have not been obtained within the term of marriage and such illegal practices could be implemented with a letter directly sent to directorates of land registries without having a provisional injunction decree taken by the court.

Then again, this illegal and unlawful practice was accepted by the statement of Judge of the Court and it was recorded clearly in the court minutes that this subject was left out…

There is nothing else left to say than “this is the limit!” in the name of humanity, public conscience and law and we leave the comment on these illegal acts to our readers.

A complaint was made against the judge of Istanbul 1st Domestic Relations Court in High Council of Judges and Prosecutors and it was demanded the said judge to be punished in the harshest way and to be suspended.

In the light of truth told above, it is demanded that Necla Karadağ, Istanbul 1st Domestic Relations Court Judge, who implemented this decision against the law, to be disqualified in this lawsuit, and a complaint was made against her in High Council of Judges and Prosecutors and it was demanded the said judge to be punished in the harshest way and to be suspended.

We will continue to share all of these “law comedies” which have been carried out in this way for seven years and the truth behind them with our readers.

Gerçekler

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