Migrathon Immigration provides advocacy, mediation, and consultancy services at all stages of its clients’ Turkish real estate law transactions including title deed cancellation and registration lawsuits in Turkey.
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Our Turkish real estate law team provides legal support to its clients in order to provide the most effective results, within the framework of their experience and knowledge in real estate law and real estate litigation since 1992.
The real estate sector is one of the fastest growing sectors in our country in recent years and our law firm provides consultancy on all kinds of real estate law.
Title Deed Cancellation and Registration Lawsuits
Our real estate lawyers provide advocacy, mediation, and consultancy services to our clients in title deed cancellation and registration cases. If a real right is registered illegally in accordance with Article 1024 of the Turkish Civil Code, this registration of the said real right owner will not be protected.
A registration that is based on a non-binding legal act or lacks a legal reason is illegal. The person whose real right is damaged due to such registration can sue the third parties, whose corrupt registration is not in good faith, in order to correct the land registry.
According to the Turkish Civil Code, although the ownership of immovable is acquired, as a rule, based on a valid and lawful legal transaction and by registration to be made in the land registry, the acquisition of immovable by exceptional means has been made possible by the legislator depending on certain conditions.
Cases for Dissolution of Co-Ownership
Our real estate law attorney group provides advocacy, mediation, and consultancy services to our clients in custody cases of the partnership. According to article 642 of the Turkish Civil Code, each of the heirs always manages the sharing of authority.
Each heir has certain properties in the estate, possibly, or not decide to pay by sale from the establishment of the magistrate. Upon the request of one of the heirs, the judge makes the distribution by giving all of the immovable properties, if any, to an heir, considering the entire estate and each customer in the estate.
The difference between the values of the immovables given to the heirs is eliminated through monetary costs and equalization is ensured between the inheritance shares.
If the division request is not found suitable for the situation and use, especially if it allows obtaining more than the loss of a significant value of the shared good, it is judged to be sold by auction. The decision to make the sale by increasing the limits depends on the consent of all the provisions.
Accumulation of partnership in immovable properties that are not registered in the title deed cannot be demanded through a lawsuit. The separate partnership will be in question for the entire real estate. It is not possible to use the partnership of a bank’s share.
How to File the Cases for Dissolution of Co-Ownership?
With an inheritance division agreement to be signed by the heirs, they can ensure that the partnership on the movable and immovable properties subject to ownership is eliminated jointly or jointly. However, if this situation is not possible, it is possible to dissolve the partnership by filing a lawsuit regarding the dissolution of the partnership.
The lawsuit for dissolution of the partnership is filed in the Civil Court of Peace in the province or district where the immovable property is located, against all shareholders. All stakeholders must take part in the case of the dissolution of the partnership. In case of the death of one of the stakeholders, all the heirs whose names are mentioned in the inheritance certificate should be included in the case.
In these cases, it is not possible to conclude the case without including all partners in the case. If it is determined that one of the stakeholders died without leaving an heir, it should be considered that the last heir will be the Treasury.
Turkish Real Estate Law Services
- Preparation of construction contracts in return for flat
- Opening and following up on title deed establishment, cancellation, and registration cases
- Mortgage establishment, follow-up of mortgage liquidation issues
- Settlement of disputes regarding usufruct, right of way, individualized personal rights
- Building cooperative management and operations
- Defective real estate lawsuit
- litigation against seizure
- Licensing and zoning status determination services
- Contracts for contracting, supply, subcontracting, and similar construction services
- Condominium and easement setup
- Pre-sale and rental agreements
- Implementation of the management plan and annotation of the title deed
Within the scope of Law No. 6306 on Transformation of Areas Under Disaster Risk, our office provides all kinds of legal services related to urban transformation law.
Reach us for Title Deed Cancellation and Registration in Turkey
Migrathon Immigration’s real estate law services cover all related to the development of real estate, including compliance with zoning legislation, obtaining necessary permits and licenses, development of management plans, and arrangement of lease agreements.
Our law firm is now one of the leading Turkish real estate law firms in Istanbul, Turkey. You may reach us for title deed cancellation and registration lawsuits in Turkey through our Contact page.