After the inflation of the Turkish lira due to the Corona pandemic, which affected the economy of Turkey and all countries of the world, the real estate sector in Turkey was affected by these conditions, and most construction companies stopped working for a while, and many foreign investors were recently exposed to great damage due to the seller’s failure to fulfill his promise in particular. Among the most problems we face are projects that did not start construction despite paying the payments 5 years ago, real estate that has not been delivered or incomplete despite the completion of construction, and the existence of a mortgage on the title deed even if the property is delivered
If the project is completed but the Tapu has not been delivered to the buyer, we can file a lawsuit to "register and cancel the Tapu,” in order to prevent banks from facing losses, and thus transferring the Tapu to the buyer, whether for the delivered property or even the one that has ended but has not yet been delivered
In the event that the property registration transaction that proves ownership is based on an illegal act, or an unreal reason, it is considered an illegal transaction.
Any person who has been stripped of his right to property through illegal registration, or whose ownership registration has been cancelled, or illegally altered ownership, can request the invalidation of the violating registration and re-registration in his name, by filing a claim to invalidate the title deed and re-register it.
The parties to the Tapu case in Turkey:
The lawsuit can be filed by a real person (a person who bought a house from a real estate company), or a legal person (an investment company who bought a property or several properties from a person or from another company) may file a lawsuit.
It is also possible to file a lawsuit against a real person or a legal person as well
The court responsible for following up on the Tapu case in Turkey
The court responsible for this type of case is the civil court of first instance.
As for the court authorized to consider and deal with these cases, it is the court located in the place to which the property belongs.
The issue of authorizing the court in these cases is considered final, meaning: the disputants cannot transfer the case to a court other than the civil court of first instance.
There are several things that can be a reason that entitles the owner of the right to invalidate the title deed, which are the reasons for the suit to cancel the title deed:
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A lawsuit to cancel the title deed and re-register it based on the misconduct of the heir.
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The lawsuit to cancel the title deed and re-register it based on Articles 277 and 280 of the Bankruptcy Law and the Forced Procedure.
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A lawsuit to cancel the Tapu and re-register it based on the damages caused by the bad use of the agency.
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A lawsuit to cancel the Tapu and re-register it based on a forward sale contract.
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A lawsuit for canceling the title deed and re-registering it due to ineligibility.
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A lawsuit to cancel the title deed and re-register it, filed due to the owner’s smuggling of inheritance.
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The lawsuit to cancel the title deed and re-register it based on the different family residence based on his inheritance.
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A lawsuit to cancel the title deed and re-register it, filed due to forgery.
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A lawsuit to cancel the title deed and re-register it based on reasons prior to the cadastral survey.
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A lawsuit to cancel the title deed and re-register it based on the reason for the inheritance entitlement.
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A lawsuit to cancel the Tapu and re-register it based on a reason: deception or coercion.
We must remind you that it is necessary to choose the right real estate agent who will direct you to profitable investments away from these problems by offering the appropriate project free of any legal or construction problem.