Inheritance regulation sparks debate: Will women's rights be lost at the table?

According to the new regulation put into effect by the General Directorate of Land Registry and Cadastre, heirs will now be able to share their inheritance through a written agreement among themselves without the need for a notary.

This practice, referred to as "agreed sharing," has the potential to effectively disable the principle of equal inheritance in practice, even though it is not explicitly included in the current law.

Previously, in distributions made through official channels and with notary approval, it was a legal requirement to grant equal rights to all heirs. However, with the new regulation, heirs will be able to agree among themselves to distribute shares in different proportions, and this distribution will be processed directly at land registry offices. Moreover, no official institution will audit whether the distribution is fair or based on voluntary consent.

"CONSENT" WILL NOT BE AUDITED, OPENING THE DOOR TO RIGHTS VIOLATIONS

Women's organizations and legal experts believe that this practice poses a major risk, especially for women living under pressure. Canan Güllü, President of the Federation of Women's Associations of Turkey, argued that the regulation could eliminate women's genuine consent.

Güllü stated, "This practice, carried out under the name of 'agreed sharing,' does not allow for an equal chance of negotiation in conditions where women are under economic and social pressure. There is no mechanism to audit whether consent is genuine in transactions made at the land registry."

Stating that women who are particularly exposed to domestic violence, threats, and coercion will suffer major losses of rights under this system, Güllü emphasized that the practice could lead to violations of property rights.

Women's rights advocates point out that in this system, where notary oversight is excluded, women could be forced to waive their rights under violence or coercion. Legal experts also warn that many distributions made under the name of an "agreement" may in reality be decisions made under duress, and that this situation could increase cases of violence.

The right to equal inheritance for women is still legally valid. However, with this new method in practice, the principle of equality may remain only on paper. Women's organizations and bar associations are calling on the government to cancel this regulation and reinstate the requirement for notary involvement.