Important information about the Title Deed Cancellation and Re-registration Lawsuit in Turkey

In some cases, certain disputes may arise over the ownership of a property or its registration in the Turkish title deed, which is a reason for submitting these disputes to the competent judicial courts for adjudicating them. Here we talk about the causes of these cases and the courts that are empowered to follow them.

However, we must first know the tapu or the so-called title deed:

A document regulating a particular property and proving ownership of the property to the person mentioned in the document. It lists the property information, the figures of the real estate survey, and determines the location of the property. The Directorate of the Land Registry of the Ministry of Environment and the Turkish cities regulates this document.

Lawsuit of the title deed cancellation and re-registration in Turkey

The right of ownership is a right that confers upon the owner of a property what he uses, benefits and acts as he pleases; but within the limits of legal systems.

Title deed document is a document proving ownership of a particular property to a person.

An exception to this rule is the court's decision to approving the property, forced action, state expropriation, and other cases mentioned in the law, which prove ownership of the property prior to its registration. However, the disposition of the property owner in these cases is related to the property registration requirement.

If the registration of ownership of the property evidenced by the ownership is based on an illegal act, or for an incorrect reason, it is considered illegal.

Anyone who is deprived of his or her right in the property through illegal registration, deregistration or illegal transfer of property can request cancellation of the offending registration and re-registration in his / her name by filing a lawsuit to revoke the title deed and re-register it.

Reasons for canceling and re-registering the title deed

There are many different ways of revoking the title deed, depending on the reason why the property is registered. Here are some of the reasons why the lawsuit is different:

• Revoking and re-registration of the title deed based on a forward sale contract.
• Revoking and re-registration of the title deed resulting from ineligibility.
• Revoking and re-registration of the title deed based on the acquisition by obsolescence.
• Revoking and re-registration of the title deed due to the right of first refusal.
• Revoking and re-registration of the title deed due to the devisor’s collusion.
• Revoking and re-registration of the title deed based on the family dwelling that is different from its inheritance.
• Revoking and re-registration of the title deed due to forgery.
• Revoking and re-registration of the title deed based on cadastral re-survey reasons.
• Revoking and re-registration of the title deed based on a contract.
• Revoking and re-registration of the title deed due to exceeding the scheme or government project.
• Revoking and re-registration of the title deed due to the donation.
• Revoking the title deed that ends with the death of the owner and re-register it.
• Revoking and re-registration of the title deed based on the reason for the inheritance entitlement.
• Revoking and re-registration of the title deed based on the reason: a trick, coercion or injustice.
• Revoking and re-registration of the title deed in the case of ownership and sale without the permission of the judge, in a situation requiring the judge's permission.
• Revoking and re-registration of the title deed based on the misbehavior of the heir.
• Revoking and re-registration of the title deed depending on articles 277 and 280 of the Bankruptcy and Forced Procedure Act.
• Revoking and re-registration of the title deed for damages resulting from the Agency's misuse.

Parties of the title deed suits

This lawsuit can also be filed against a real person or a legal entity.

The responsible and authorized court to follow up the suits of the title deed

The court responsible for this type of case is the Civil Court of First Instance.

On the other hand, the court that is empowered to hear and deal with these cases is the court located at the place where the property belongs.

The question of the authorization of the court in these cases is conclusive, i.e., the litigants cannot refer the case to a court other than the primary civil court.