Practice Areas
Restoring ownership where registration is unlawful, simulated, or based on abused authority.
In short
A title deed cancellation and registration action is a proprietary claim brought to correct the land registry where the record does not reflect the true legal position. The grounds most often relied on are simulated transfers by the deceased, lack of legal capacity, abuse of a power of attorney and forgery. The action is brought before the civil court of first instance where the property is located, and that venue is exclusive.
In Turkish law the land registry is the strongest indicator of ownership, but it is not untouchable. Where a registration rests on no legal cause, or the cause later fails, the entry counts as unlawful registration and correction may be sought (Civil Code Arts. 1024-1025).
What decides these cases is establishing the true intention behind the apparent transaction on the register. Whether the price was actually paid, the parties' financial circumstances, the transferor's state of health at the time and the family relationships are all read together — which is why evidence must be assembled before the claim is filed.
The land registry record, deed schedule, official instrument and any power of attorney are obtained to reconstruct the transaction history.
Bank records, medical reports, witness evidence and comparable-value research are used to establish the true intention.
An interim measure is sought to prevent transfer of the property to third parties, and the action is filed.
Once the judgment is final, registration is completed at the land registry directorate.
Frequently asked questions
Before the civil court of first instance in the district where the property is located. This venue rule is exclusive: the parties cannot agree otherwise and the court examines its own jurisdiction of its own motion.
The court weighs whether the price was actually paid, whether the deceased had any need to sell, the gap between the property's real value and the price in the deed, the family relationship between the parties, and the deceased's state of health. Any form of evidence, including witness testimony, is admissible.
Because they require expert examination, site inspection and witness evidence, they take on average one and a half to three years at first instance, with the appeal stage adding further time.
To prevent this, an interim annotation should be requested on the land registry record when the action is filed. Transfers made after the annotation bind the purchaser according to the outcome of the case; without it, a good-faith third party's acquisition may be protected (Civil Code Art. 1023).
Where a power of attorney has been abused, a title cancellation and registration action lies. Transactions made by the agent against the principal's interest and in favour of the agent or their relatives are invalid. The good faith of any third party is then assessed separately according to the nature of the transaction.
Legally reviewed: Attorney at Law, Founder Gökay Kahan
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