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Eglegal

Community Lawyer
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    Turkey

Everything posted by Eglegal

  1. Dear Graceanna, You are entitled to ask for a full refund, given the fact that initial payment was a deposit to book a surgery which take place on December 28, 2021. Should you have no progress on communications, you can consult to a legal practitioner here in Turkey. As the amount of the fund is not that high, I believe an out of court settlement seems to be very likely to reach with the doctor office. Otherwise, they would end up incurring at least 5 times higher costs if you go to court. Regards,
  2. Hi there, You do not need to have another divorce in Turkey. Unlike that, we recommend to have the Norwegian divorce recognised by the family court in Turkey, rather than being involved in to another judgment. So basically, what Turkish court would do, is to enforce the Norwegian court order but not to make a new judgment. Should you send a Power of Attorney ("PoA") to a local lawyer here in Turkey, neither of you has to be present here in the court, but your lawyers can represent you fully during the whole judgment. We would recommend both of you send PoAs to the same law office, so it helps to conclude the legal procedures faster, given the fact that we lawyers do not have to make international letter notification to the defendant back and forth. As the Turkish court here does not make a new judgment by collecting evidendes, hearing witnesses etc, Turkish court will uphold the same child custody ruling in line with the Norwegian court. So we would not expect any surprise decision when it comes to the custody, considering the fact that a child at the age of 6 needs mother care first. Any questions, please feel free, All the best,
  3. Eglegal

    Where to turn?

    Lucyloo, In order to establish a divorce case on the ground of "desertion", you have to be invited to get back home via notary public notification or a court order, otherwise it is deemed that the pre-conditions necessary for the case have not been met. I would recommend you to update your address by contacting the Turkish Consulate, as your (ex)-husband might try to do newspaper notification which you may not be aware of and he can succesfully proceed. It is good to register your new address by the Turkish government which helps you to make sure that any official paper is to be sent to your UK address first before any newspaper notification, so you would have the right to defense yourself. All the best,
  4. Dear friends, I would recommend you to file a complaint against the hospital&doctors by the Ministry of Health. They prombtly initiate an investigation to collect the facts and send it prosecution office for legal procedures if they have found guilty. You can directly file a complaint against the doctor & hospital by submitting a written paper to the prosecution office (cumhuriyet savcılığı), too. Prosecution offices are located in any of the court houses. For the damage claims, it is recommended to consult to a legal practitioner who is expert at malpractice cases. Best,
  5. Dear Entrepreuner, There is an online database which you can reach the information of all registered companies, their representatives, address, tax number etc. Here is the link you can check; https://mersis.gtb.gov.tr/# But I am not sure if it is accessible without Turkish E- Government credentials, so if you can't proceed, just let me know I would be happy to share information with you. On the other hand, as a legal practitioner in Turkey, I would recommend you not to make any upfront payment without making sure that you are on safe side. Even sometimes you may not be in %100 secure position where you have a legal contract between you and the seller. Indeed, some other legal tools might be necessary to use. It is essential to seek a professional advise at this phase of your purchase. Regards,
  6. Mimi, The main reason why the property prices have significantly increased is because of the destructive inflation rate on the Turkish Lira over the past couple of years. Due to the nature of the inflation of the local currency, properties are not the only one whose price have changed but all items that are subject to purchase is no longer at reasonable prices. When it comes to a comparison between Kusadasi and Izmir, it is more of an apples & oranges topic. You can compare Kusadasi with other seaside towns, such as, Didim, Cesme, Bodrum etc. but Izmir is not a good versus against Kusadasi, given that it has around 5 million population and offers many opportunities such as job, events etc, but on the other hand you can't find the same peace and chill life style that you can experience in small seaside towns like Kusadasi, Didim etc. So, it is more of a choice between living in downtown and country side, where both have advantegous & disadvantageous. Please share with us if you have any specific questions, I would be happy to share my personal experiences as a local person living in Izmir. Good luck,
  7. MrMan, Thanks for your message. As you and Ken have discussed with details, landlords right to increase rent is limited to the extent of consumer index rate ("TÜFE" in Turkish language). In your example, your calculation which you posted with a screenshot seems to be accurate. Thus, legally speaking, as long as you make the payment with TÜFE index increase once per year, then landlord has no legal ground to take a legal action against you. What landlord can do is, if he/she believes that the rent that you are currently paying is much lower than market price of other similar units, then landlord can go to court and ask judge to do adjustment (increase) over the rate. However, this is quite an exceptional legal way which could be used if the circumstances have been significantly changed since you made the contract in the beginning, for e.g, a new road / an underway metro / a shopping mall has been opened around the unit etc. All the best,
  8. That is a very good question which is why a legal representative here in Turkey is extremely important to act on your behalf. A legal representative in Turkey would help you to secure your position by taking the fund into its trust account and would not release it until all procedures have been completed. We urge our clients not to do full payment directly to seller's account until official papers are ready by the property title deed (tapu) office. Besides, it is also very important to have a proper legal audit over the unit if there is any charge/encumbrance or other negative records which reduce the value of the target property. Indeed, you might be interested in buying a property (by doing online check over the listings, pictures etc), but it may turn out that that property has charges (mortgage, bank loan, 3rd person claims etc) on the official records which the debt is sometimes equal to the purchase price. As a result of the title transfer, you become the debtor against 3rd parties as the new property owner and this happens to be devastating.
  9. Hi Selim, Hope you are doing well. Translation, notary certification and Apostill needs to be done in an accurate order to make it work. Apostille stamp works for the authenticity verification of Non-Turkish documents. For instance, when you do Apostille stamp on a UK originated paper (for e.g British birth certificate, UK passport) through the relevant UK authority, it means that document has passed the authenticity test and now it can be subject to automatic recognition by the Turkish Authorities. The reason why you need a follow up translation&notarization, it is because of the Apostilled certified document is still not in Turkish language, therefore you need to do the translation&notarization through a notary in Turkey or the notary in Turkish Consulate. Best way is to contact Turkish Consulate and ask them to give you the names and contact details of the accredited translators to have the translation&notarization completed. This has been a quite controversial topic which we discussed it couple of times with Turkish authorities before for my clients. Their answer was, yes, a UK born&raised citizen has to fulfill his military service after he has become a Turkish citizen which their reasons was based on various grounds. However, as you referred above, even if it is deemed that you are fit for military service, then you are entitled to use your "Bedelli Askerlik" - "Paid service" call option where you pay certain amount of money and joined the army for a very limited time (around a month) for learning basic army principles. So that's not a big of a deal any more. All the best,
  10. Eglegal

    Tipping

    There is no standart at tipping in Turkey, like US, but mostly %10 would be fine for most of the services, inc. food delivery, restaurant table service etc.
  11. Dear noor12345, Hope you are doing good. A101 and BIM do work and grow up on franchise business model, unlike other chain shops like Starbucks, McDonalds etc. For this reason, individuals are not authorized to open up new A101 and BIM shops. Besides, A101 is not a listed company but BIM is a listed company under Turkish Stock Exchange (BIST). Thus, for those who believe that a financial investment to BIM is a brilliant idea, can buy shares from the stock exchange which is very common and convenient. All the best,
  12. Hello, Divorce decree ordered by the Turkish Court becomes "absolute" if plaintiff and/or defendant do not appeal it within 2 weeks period of time. However, you need to make sure divorce paper is delivered to other party as well, given the fact that divorce decree can't be absolute ("final and binding") if 2 weeks appeal right has not been granted for both party properly. You do not need to apply for a decree absolute, as the court automatically notifies ID authority about the divorce to update your marital status. But, on the other hand, if you need a proof of paper to show your divorce status in UK for some official reasons then you might need to collect a copy from the family court in Turkey and have it certified with Apostille stamp. All the best,
  13. Hello Vu8, Yes, it seems to be the best way for 2 important reasons, which the 1st one you would be able to see the property in person given that internet listings do not always reflect unit's actual conditions, qualifications etc, while the 2nd one as you meet the owner in person, you can give it a try to do some further price negotiations. There is usually a gap at the listing price which usually varies between %1-10. Good luck with your market search All the best,
  14. Hi JT, Wish you and your fiancée best of luck at your relocation plan to Turkey. Bodrum/Mugla is definitely a nice spot to settle I am afraid that would not be very easy for a non-Turkish citizen who does not reside in Turkey and do not have prior credit score to a get mortgage loan. You might think that there is no risk for the bank, given that they take the property as "security" for a possible failure of you not returning the loan, but in practice that does not work like that. Banks requires a good credit score, along with the property security. I also heard that in some cases, newcomers use their home country bank's as a guarantor to that mortgage loan and invite them to the table when they are discussing the terms with the Turkish bank. One of my clients managed to get a mortgage loan successfully after 3 years she has started residing in Turkey and becomes a tax payer. Good luck !
  15. I am so sorry for your loss. Let me briefly advise you in this matter; Properties in Turkey are registered to Real Estate Office "REO" (Tapu Sicil Mudurlugu, in Turkish) where you can reach all the records, including ownership, charges etc. So, the right place to locate your property is a REO. We, lawyers, are authorized to conduct a property search without limitation, however, you need to prove that you are one of the heirs of your late mother with a written document (for e.g certificate of inheritance "CoI"). Otherwise, officers would probably not allow you to do property search by name-surname due to privacy restriction. At the next step, after you find out the details of the property, you need to initate the procedure which helps you to do the transfer of the title (tapu) to heir's name. For this purpose, main document that you need would be a "CoI". With a presumption that your mother was not a Turkish citizen, you need to file a case before 1st Instance Court (Sulh Hukuk Mahkemesi) in order to have a court decree which helps you to do the work at the REO. Once you have the court decree, then you are good to go to Tax Office where you pay Inheritance Tax (if any tax is due). IF there is no due tax, then they give you a paper which states that you are free from inheritance tax and can proceed to the final step, namely the transfer of the property to your names by the REO. As referred to in the preceding paragraph, final step is the REO where you apply to do the transfer of the unit to your name, along with the court ruling as well as the tax office paper. As you would understand, that is quite a complex legal procedures for those who do not have an adequate experience on the inheritance law and its practices here in Turkey. Therefore, I would personally recommend you to consult a law firm who has experience in this field.
  16. Exactly. Banks have no interest to confiscate their customers properties. They exercise that right as a last resort when you fail to repay. Buying/selling property is not the type of business which the banks prefer to engage. It is a risk for a bank if they couldn't manage to convert property into cash on time.
  17. Hi, Yes that is very common way of buying a property not only in Turkey but also almost all other Western Countries. Also, called, mortgage loan. However, for a Non-Turkish person who does not have any financial credit score in Turkey, that is very unlikely that loan application is to be accepted by a Turkish bank. Sometimes, you could prove your good credit score to a Turkish bank, through your local bank in your home country which has a partnership agreement with Turkish bank in terms of securities. Should you refer to commission for real estate brokers, it mostly depends on your negotiation but if standart rate applies it is %2 for buyer and %2 for seller. Should you asked about the property transfer tax, same rate applies as %2 for buyer %2 and %2 for seller. As the latter is a state tax, it is not negotiable. (%2 means, %2 of the official purchase price.)
  18. Hi Maria, Thanks for Ken for his contribution to the matter, but I have one hesitation here. I hope you managed to figure it out but I doubt that Kaymakamlik (Governor's Office) would be in help of you by receiving your diploma and have them Apostille certified remotely through post exchanges. They generally require your (or your representatives) application in person to do paperworks, like Apostille. That would be very helpful if they did that but I am not really sure if it falls within the scope their responsibility either. Pls update us how did you handle it. Also, apostille certification is something which we advise our clients on regular basis, so if you have any questions please do not hesitate. Regards,
  19. Dear All, Having a property is one of the preconditions only for applications through property investment type. For other type of citizenship applications,for instance, living in Turkey for more than 5 years with RP or being married with a Turkish citizen, property ownership status is not something which the immigration authority takes into consideration. There are different types of applications which all of them have their own set of conditions. Thus, for those who wants to do the citizenship application should look into the requirements of that particular type. It is not in English language, but you can have a look at the application types under the link given below; https://www.nvi.gov.tr/turk-vatandasliginin-kazanilmasi For instance, application through "marriage with a Turkish citizen" would require a 3 years long official marriage but not residence permit or property ownership etc. Regards,
  20. Hi Fada, First of all, sorry for the things you have been through. We are definitely so sad that this kind of inconviences are happening everyday in our home country. According to applicable law, builders are responsible for the defects for 5 years against buyer and their responsibility period may go up to 20 year for the hidden defects. You can claim material damage against builder if you are within this call period. In your care we are talking about the whole damage, including the extra damage given by the plumber, provided that you prove plumber worked with the instruction of the builder. Regards,
  21. Mostly correct. One of the heirs needs to file a case in Turkey to retrieve an inheritance certificate, where the court will investigate UK family records to fix the heirs succession rates. Based on the information, it could be estimated that 1/4 of the assets shall be owned by your step mother, while the rest 3/4 shall ne distributed equally among you and your siblings. Once the inheritance certificate has been issued by the court, then transfer of the shares (derived from the property) can be carried out with a follow up application to the Real Estate Authority. Regards,
  22. Hi Crad26, Thanks for all parties who makes contribution to the discussion here which is definitely valuable. Let me explain you the situation as simple as I can, 1) As your father died in 2018, it is no longer possible for you to REJECT the inheritance, as 3 months rejection period is over since he passed away. It implies that, you are now regarded as the official heir of your late father under Turkish law. (There is only one exception rule to the 3 months rejection deadline, but that right could only be practiced when your father's assets is not financially enough cover his debts at the time he passed. However, it seems hard considering he owns a property here in Turkey) Anyway, 2) Legally speaking, yes, creditors have the right to claim debts (which comes from the deceased) against the heirs. However, that doesn't seem to be easy for management company claim due payments from the heirs for practical reasons, as they have to prove your heir status (through inheritance certificate and they can't collect without involving UK authorities unless your father is Turkish citizen) also they are in need to find some assets registered to you in Turkey (which you do not have as far as you have referred). 3) I would recommend you to transfer your shares into the name of your step mother, even if you are not willing to claim any right out of that unit. Otherwise, your step mother would not be able to sell the properties to anyone if and when she wants to do so OR her family (heirs in future) would have nothing in their possession which allows them to sell/rent etc. Although it seems that following the legal procedures would serve mostly in the interest of your step mother, it would help you and your siblings too. When you do the transfer to her name, then you are no longer responsible of property tax, condo fees etc. Any questions/queries, please feel free. Regards,
  23. The most important document that you need to collect from the Portuguese authorities is the one which states that you are single and there is no impediment for you to marry. This is one of the main papers that is to be asked by the Turkish Marriage Office (Municipality) Apart from that, of course, a notarized translation of the passport is another document that you need to submit. Some of the Marriage Offices (Municipality) in Turkey are experienced and know how to proceed with an international marriage, but some of them have no idea how to handle it. We have fixed a couple of arrangements here in Izmir, Turkey for our clients (who are wife and husband both Non-Turkish) and they were delighted with all the services here in Izmir Marriage office.
  24. I would recommend you to talk to an accountant and discuss if your company's balance sheet allows to successfully complete a liquidation process. It is the case especially when you have future plans in Turkey. Should you are in debt against Tax Office or Social Security Inst., yes they could go over your personal assets. BR,
  25. Hi V4E, This is a question that has been raised quite often nowadays, and you all have a point. Your accountant statement is correct except the airport part, considering the fact that no matter how much you owe to the state or an individual, police would not have a right to stop you in the airport border becaused of this matter. This is one of the core rights that has been protected under Constitution of Turkey. On the other hand, if you neglect the company by doing no monthly filing and not paying the minimum charges, then after a certain time (generally between 6-12 months) in most of the cases Tax Office would put your company into a passive list and would stop monitoring your company activities as long as your company keeps its inactive status. There are a few exceptions of the preceding paragraph. For instance, Tax Office would keep monitoring your company if your company has had huge volumes of transactions and considerable amount of due tax BUT all of a sudden you neglect your company. In this case, they would send letters to the company and if your company does not pay off, then shareholders of the company would be deemed to be the jointly responsible along the company. Then Tax Office has the right to go over your personal assets here in Turkey. But as I said, this very unlikely if your company has had only a few small transactions and rest of the time it basically didn't operate. Regards,
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