Strange request in 2.5 billion lira inheritance case: 'Graves could be moved, precautions must be taken'

A new development has occurred in the 2.5 billion lira inheritance case filed by Esen Gül Berker, who claims to be an heir to the well-known Selvili family of İzmir.

Berker's attorney requested that precautions be taken, stating that they suspect the graves from which DNA samples are to be taken for potential exhumation might be tampered with. The opposing party, meanwhile, filed a motion for the judge's recusal.

According to DHA reports, Mehmet Selvili, who lived in the city of Xanthi, Greece, came to Turkey in 1916 during the Turkish-Greek population exchange.

It is alleged that Mehmet Selvili, who had 6 children named Hilmi, Mustafa, Emine, Seher, Hakkı, and Osman Nuri, brought only his eldest child, Hilmi, with him. While Mehmet Selvili was alive, the other children also gradually came to Turkey.

ALL INHERITANCE REMAINED WITH HILMI SELVILI, WHO WAS REGISTERED IN THE POPULATION REGISTRY

These 5 children also obtained Republic of Turkey citizenship. However, it is alleged that the 5 children were not registered under Mehmet Selvili's name in the population registry. Mehmet Selvili passed away first. His entire inheritance remained with his heir registered in the population records, Hilmi Selvili. The 5 children, who were allegedly Selvili's children, also passed away at various intervals. Four of these 5 children left no heirs behind. Esen Gül Berker, whom Osman Nuri Selvili adopted in 1980, remained as his only heir.

Esen Gül Berker filed a lawsuit through her attorney, Hüseyin Ercüment Değer, last January with the population registry office, claiming that her adoptive father had a right to the inheritance. The first hearing of the case, which will determine the inheritance worth approximately 2.5 billion TL, including plazas and other real estate in İzmir and Çeşme, began on February 7 at the İzmir 13th Civil Court of First Instance. After the second hearing held on April 3, the opposing party claimed that Osman Nuri Selvili was not their uncle. Attorney Hüseyin Ercüment Değer stated that Osman Nuri Selvili appeared in both death notices and family photographs alongside his other siblings, and that they frequently came together to maintain family unity until the end of their lives.

DECISION MADE TO PROCEED WITH EXHUMATION

The judge decided to proceed with the exhumation of the graves of Hilmi Selvili, Mustafa Selvili, and Osman Nuri Selvili. However, just days before the exhumation and DNA sampling process scheduled for June 28, the existing heirs of the Selvili family, including Zeynep Selvili, objected to the situation. Upon this, the court granted them time until the next hearing to submit their statements.

The third hearing of the case held today was attended by the plaintiff Esen Gül Berker and the attorneys for the parties and interested persons. Berker's attorney, Hüseyin Ercüment Değer, who was given the floor first, said, "I would like to ask the heirs of Hilmi Selvili whether they accept that Osman Nuri Selvili was the brother of Hilmi Selvili." In response, the attorney for Hilmi Selvili's heirs replied, "Hilmi Selvili did not have a brother named Osman Nuri."

At this point, the judge stated, "The exhumation will be carried out after the parties are properly joined." The attorney for Hilmi Selvili's heirs filed a motion for the judge's recusal, stating, "While the case required the proper joining of parties, granting time for parties to present their defenses and evidence, and writing an interim decision regarding which evidence would be collected, the statement 'The exhumation will be carried out' was made before reaching this stage and even before the parties were properly joined. Considering that it was previously said, 'Become an intervening defendant regarding the issue of party joinder so that you have the right to appeal and cassation,' we have doubts about the impartiality of this honorable court, and therefore we have a request for the judge's recusal."

SUSPICION THAT 'GRAVE SITES COULD BE CHANGED'

Following this, the judge sent the recusal request to the higher court for a decision.

During the hearing, Hüseyin Ercüment Değer stated that they had suspicions regarding the potential moving of the graves of Hilmi Selvili and Osman Nuri Selvili and requested that precautions be taken at the burial sites. The attorney for Hilmi Selvili's heirs objected to the request, saying, "It is not possible to move the grave sites. The suspicion is baseless." Announcing the interim decision, the judge ruled that there was no need for any action at this stage and adjourned the case.