Deed cancellation and registration lawsuit is a real rights lawsuit filed to request the cancellation of a record in the land registry on the grounds that it is unlawful and its registration in the name of the plaintiff.
Legal Basis
- TMK Article 1025: "If a real right has been registered illegally or a registration has been canceled or changed illegally, the person whose real right has been damaged for this reason may sue for the correction of the land registry."
- TMK article 706: Registration in the land registry is mandatory for the transfer of real estate ownership.
- TMK article 713: Acquisition of property through extraordinary statute of limitations.
Common Legal Reasons
1. Muvazaa of Muris (Smuggling Property from Inheritance)
The testator transfers his immovable property under the guise of selling it while he is still alive, in order to smuggle property from his heirs with reserved shares. The Supreme Court HGK Unification Decision No. 1/2 dated 01.04.1974 ruled that the heirs can file a lawsuit for title deed cancellation based on the collusion of the deceased.
2. Fraud of Will (TBK art.30-39)
- Error (fundamental error)
- Cheating (deception)
- Disgust (intimidation)
The right of cancellation based on a disability of will is subject to a 1-year limitation period from the date of learning of the disability.
3. Harmful Possession by Limitation of Limitations (TMK art. 713)
A person who has been in possession without a lawsuit and without interruption for 20 years can file a lawsuit for the registration of real estate in his name, which is not registered in the land registry, or whose identity cannot be determined from the records, or is registered in the name of a person who is assumed to have been absent for 20 years.
4. Corrupt Registration
Registration based on invalid or unauthorized transaction. Correction is requested due to unjust enrichment or violation of rights.
Jurisprudence of the 1st Civil Chamber of the Supreme Court of Appeals
In the established jurisprudence of the 1st Civil Chamber of the Supreme Court of Appeals, in proving the collusion of the deceased, the evidence such as "whether the sale price was actually paid, whether the price is in accordance with the precedent value, the health and economic condition of the testator at the date of transfer, and the nature of the relationship between the transferee and the testator" is sought together.
Parties to the Case
- Plaintiff:The person whose rights have been damaged (heir, real owner, etc.)
- Defendant:The person appearing as the owner in the land registry (and the next bona fide third party, if any)
Protection of Well-Intentioned Third Parties (TMK art. 1023)
"This acquisition of the third party who acquires property or other real rights based on the registration in the land registry in good faith is protected." For this reason, the person who files a title deed cancellation lawsuit cannot directly cancel the property that has passed to a bona fide third party after the defendant; However, he/she may request compensation
Jurisdictional and Competent Court
- Officer: Civil Court of First Instance
- Authority: The court of the place where the immovable property is located (HMK article 12 - absolute authority)
Timeout
- Muris muvazaası: There is no duration (absolute nullity)
- Violation of will: 1 year
- Illegal registration: 10 years (for reasons subject to statute of limitations)
Land title cases are long-lasting cases that require technical expert examination; support from a lawyer experienced in real estate law is important.