: 2019-07-17 Modified date : 2019-07-20
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.
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.
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.
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:
A real person can file a lawsuit, or a legal person can do so.
This lawsuit can also be filed against a real person or a legal entity.
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.
Edited by: Imtilak Real Estate ©
Source: Emlak Kulasi
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