As Uzunpınar & Tüfek International Law Firm, we provide comprehensive and professional legal consultancy within the scope of title deed cancellation and registration lawsuits, aimed at protecting property rights. Immovable property ownership is one of the fundamental rights guaranteed by the Constitution, and unlawful transactions in title deed records can lead to serious losses of rights. Therefore, title deed cancellation and registration lawsuits are among the types of cases that require high technical expertise and meticulous legal assessment.

 

Title deed cancellation and registration lawsuits can be filed on many legal grounds, including fraudulent transactions, violation of inheritance shares, sales through forged powers of attorney, lack of legal capacity, defects of consent (fraud, error, threat), cadastre errors, unlawful registration, and abuse of power of attorney. In each case, our firm carefully analyzes the property’s past title deed records, the sequence of legal transactions, and the evidence to design the lawsuit strategy in favor of our client.

 

Especially, title deed cancellation and registration lawsuits arising from inheritance law are among the disputes frequently encountered in practice and may produce complex results. In cases filed due to fraudulent inheritance, the true will of the deceased, whether the sale price has been paid, and the relationship between the parties must be carefully evaluated. Uzunpınar & Tüfek Law Firm provides effective and results-oriented legal representation in such cases to protect the ownership rights of heirs.

 

Title deed cancellation and registration lawsuits are not limited to correcting the title deed; in some cases, they may also include claims for compensation, easement compensation (unlawful occupation damages), and requests for provisional injunctions. Our firm manages the process meticulously at every stage, keeping clients informed to prevent any loss of rights.

 

If property disputes are not addressed at the right time and with the correct legal method, they may lead to consequences that are difficult to reverse. Therefore, it is crucial that title deed cancellation and registration lawsuits are conducted with the support of an expert real estate and property law attorney. Uzunpınar & Tüfek International Law Firm provides strong legal representation for all disputes related to immovable property ownership.

 

Frequently Asked Questions

 

1. What is a title deed cancellation and registration lawsuit?
A title deed cancellation and registration lawsuit is a lawsuit aimed at canceling an unlawful entry in the title deed registry and registering the property under the name of the real owner. These lawsuits are among the most important legal tools for protecting property rights.

 

2. When can a title deed cancellation and registration lawsuit be filed?
These lawsuits can be filed in cases of fraudulent inheritance, sale through forged or unauthorized powers of attorney, lack of legal capacity, fraud, error, threat, unlawful registration, cadastre errors, and violation of inheritance shares. Each case must be evaluated according to its specific legal circumstances.

 

3. What is a title deed cancellation lawsuit due to fraudulent inheritance?
Fraudulent inheritance (muris muvazaası) occurs when the deceased attempts to hide property from heirs by presenting a gift as a sale. In this situation, heirs may file a title deed cancellation and registration lawsuit to claim the property proportional to their share.

 

4. Is there a statute of limitations for title deed cancellation and registration lawsuits?
Generally, there is no statute of limitations for these lawsuits. However, depending on the legal grounds of the case, time limits may apply. Therefore, legal evaluation is essential before filing a lawsuit.

 

5. Which court has jurisdiction over title deed cancellation and registration lawsuits?
The competent court for title deed cancellation and registration lawsuits is the Civil Court of First Instance (Asliye Hukuk Mahkemesi). Depending on the nature of the dispute, cases may also be filed in Consumer Courts. The competent court is always the court of the location of the property.

 

6. How long does a title deed cancellation and registration lawsuit take?
The duration of the lawsuit may vary depending on the nature of the property, number of parties, evidence, and expert examination. In practice, such lawsuits typically take between 1.5 to 3 years to conclude.

 

7. What happens if a title deed cancellation lawsuit is won?
If the lawsuit is accepted and finalized, the existing title deed entry is canceled, and the property is registered under the name of the real owner.

 

8. Is it mandatory to follow the lawsuit with a lawyer?
Following the lawsuit with a lawyer is not mandatory. However, because title deed cancellation and registration lawsuits are technical and carry a heavy evidential burden, it is highly recommended to obtain support from an expert property law attorney to prevent loss of rights. Losing the case may result in high attorney fees.

 

9. Can a provisional injunction be requested in a title deed cancellation lawsuit?
Yes. During the lawsuit, a provisional injunction can be requested to prevent the transfer of the property to third parties. This request is critical for the protection of ownership rights.

 

10. Can compensation be claimed in title deed cancellation and registration lawsuits?
In certain situations, claims for monetary compensation or easement compensation (unlawful occupation damages) can be made together with, or separately from, the title deed cancellation and registration lawsuit. The legal basis for the claim depends on the specific circumstances of the case.