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It was announced that cemetery fees were raised in Istanbul last week. According to the new prices that will take effect from April 1, 2021, the costs of the cemetery land in Istanbul range from 100 lira to 37,400 lira. In the city, where an average of 70 thousand people die each year, people who take advantage of the fact that there is no place in cemeteries like Karacaahmet, Zincirlikuyu, Aşiyan, Edirnekapı, created a new market on the internet. People who put up for sale the areas they bought years ago or inherited from their relatives also included phrases such as’ very close to the Sabanci cemetery ‘, in the green’ in these ads. There are even advertisements selling graves for 2 million lira. A person who claimed that there is an area of 17 square meters in the Zincirlikuyu cemetery has put it up for sale for 2 million lire. Another person claimed that the grave, which he offered for sale for 150,000 lire, was “a neighbor of Süleyman Hilmi Tunahan.” Similarly, it is possible to find many advertisements.
Stating that it is not correct to do opportunism about the burial area, Head of the Department of Cemeteries of the Istanbul Metropolitan Municipality (IMM). Ayhan Koç said: “We clearly state that there will be no such sale in the assignment documents we have delivered. The ‘burial place use documents’ in the hands of citizens are mentioned as deeds, but this is not a deed, a certificate The person who owns the certificate of use uses it, he said.
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“THE CEMETERY SITE YOU DO NOT WANT TO USE MUST BE DONATED TO THE IMM CEMETERIES DEPARTMENT”
Explaining that the document can be used by the person himself or his successors, Dr. Ayhan Koç said: “This will never replace the property title, we have to eliminate the misunderstanding. It is written in that assignment document that the transfer and sale of the burial place is not in doubt. As an ongoing habit, the citizen may think: “I have deeds, I buy and sell.” They have to do the process regarding the burial place through us. It is out of the question that someone sell a grave to another. This is not valid for the IMM Cemetery Department. They must request such a transaction from us. We also do not allow interpersonal sales. The only thing for those who do not want to use their own certificate of assignment is to donate the grave they assigned to the Department of IMM cemeteries. No other benefit is possible for him. “
“THEY DON’T HAVE THE OPPORTUNITY TO SAY THAT I HAVE OCCUPIED MY PLACE”
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Dr. Ayhan Koç gave the following warnings to those who made such transactions and wanted to take a burial place:
“Don’t believe people who say ‘I have a cemetery, let me sell it to you.’ Participating in such relationships will be to your detriment, not to your own benefit. The legal address for such transactions is always the cemetery office. Apart from this, all relationships that occur will be illegal. Such illegal transactions do not concern IMM. After such a sale, the person who takes the burial place does not have the opportunity to say ‘I took my place’. I warn all citizens. “
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“THERE ARE ONE HUNDRED PERCENT FILLED AREAS IN OUR CEMETERY OF MORE THAN 570”
Explaining that there are approximately 70 thousand funerals a year in Istanbul, the Head of the Department of Cemeteries of IMM. Ayhan Koç said: “Approximately 30 percent of these corpses are transferred between cities. Other bodies are buried in graves in Istanbul. Actually, this is a huge number. If we don’t count the pandemic process, we are in dire need of a burial place, even though we moved 30 percent out of town. This means an average of 250 decars of land per year. The ability to meet this need will be a big problem for Istanbul in the long run. It is necessary to make a program on how the corpses will be buried with respect to the problem that can occur after 50 years. For now, our only problem is that people cannot be buried in the area they want. This is out of the question. In our more than 570 burial sites, there are areas that are one hundred percent full. It is not very easy to find a place when applying from these places, ”he said.
“ADMINISTRATIVE SANCTIONS ACCORDING TO THE KABAHATLER LAW”
Evaluating the legal dimension of the issue, Lawyer Assoc. Dr. Nilay Arat said: “According to the Cemetery Protection Law, the ownership of public cemeteries belongs to the municipalities where there are municipalities and to the legal entities of the villages in the villages. These places cannot be sold and cannot be acquired by possession of a profit prescription. In this context, the right that citizens may have is a “right of use” determined by the “certificate of use of the burial place”. People obtain the right of use with the document that we call “certificate of use of the burial place”. The nature of this right is described in the Supreme Court decisions as “not the ownership of real estate, but a single right of use established within the framework of the relevant legal provisions.” According to the Funeral and Burial Services Regulations, this right can only be transferred to “relatives of the person who has received a certificate of grave assignment.” According to the provisions of the burial place assignment certificate, it is stipulated that this document does not qualify as a property title, it is a document that allows the use of the burial place, the property belongs to the municipality and cannot be sold To thirds. Therefore, it is not legally possible to sell the burial site, which has the right of use to citizens, to a third person. Although there are no provisions of the law that regulate said sale as a crime, it warned that the act contrary to the assignment and license under the special regime of use of public property, which is owned by a public legal entity and accepted as public property, You may face an administrative sanction under the Municipal Law and the Law of Offenses.
Remembering that the right to use the burial site will never pass to the person who claims to buy it, Assoc. Dr. Nilay Arat said: “Therefore, the person who claims to buy the grave from third parties, not from the relevant public legal entity, cannot obtain the right related to this. Then when he wants to repair / build the cemetery, he will already have to obtain a “tomb building permit” from the municipality.
“MY DAUGHTER WON THE MASTER, SO I’M SELLING”
A person selling a burial place over the internet, contacted by the DHA reporter by phone, said: “Our place is close to both the street gate and the main road inside the cemetery at Karacaahmet Cemetery. “.
“Burial place of a man. I put it up for sale for 100,000 lire, but it is negotiable. It is officially prohibited to sell cemeteries, but we will only grant you the right of use through a notary. After that, we will prepare a document from the notary public that the use belongs to you. My father’s grandmother is sleeping. My daughter obtained a master’s degree, because my current economic conditions are not good, I sell it out of necessity. I am also not very satisfied with the sale of the cemetery. It’s not a pretty thing, but it just came to mind. “
“THERE WILL BE NO CHALLENGE THAT WE DO THE PROCEDURES WITH THE LAWYER”
Another person who stated that the one-man place is 35 thousand lira said: “There are two graves. The place for one person is 35 thousand lire. We will carry out the sales transactions with the attorney. Why won’t it be a problem? The lawyer will help us with the paperwork and the power of attorney is with the lawyer. This burial place was inherited by his grandmother’s friend. My friend sells it because it is financially squeezed. I want to help you, I posted on the Internet, “he said.
