Deed transactions made by forgery or fraud can be undone by annulment action.
Reasons for Cancellation
- Forged signature
- Forged power of attorney
- Forced signature
- Fraud
- Error
- Incompetence
Process
- First Instance lawsuit in civil court
- Injunction (prohibition of transaction on title deed)
- Expert (signature, document)
- Witness
- Decision
Duration
- Trick/mistake: 1 year before learning
- Forgery: indefinite (if there is incompatibility, the statute of limitations does not apply)
3. Personal Protection
- Good faith buyer is protected (TMK article 1023)
- Trust in the land registry
- Forger pays compensation to the victim
Supreme Court 1. HD
1. HD accepts that "strict proof" is required in title deed cancellation cases and that mere allegation is not enough.
Real estate lawyer is recommended.