HOW TO FILE A LAWSUIT TO CANCEL A TITLE DEED AND WHAT ARE THE REQUIREMENTS?

A lawsuit for the cancellation of a title deed is filed to determine whether a property's title deed was created incorrectly or illegally. Through this lawsuit, the aim is to correct and re-register the title deed in favor of the true owner of the property. Filing a title deed cancellation lawsuit is subject to certain conditions. Here is the process and requirements for filing the lawsuit:

1. Conditions for Filing a Title Deed Cancellation Lawsuit

Certain legal grounds must exist in order to file a lawsuit for the cancellation of a title deed. These grounds are as follows:

• Fraud (Deception): The creation of a title deed as a result of fraudulent behavior by one party during the title transfer process.
• Incapacity: The person carrying out the property transaction lacks the capacity to understand or the legal capacity to conduct the transaction. For example, situations such as the transfer of property by elderly or mentally incapacitated individuals.
• Error: The land registry record error occurs as a result of the parties being misinformed or misled.
• Forced Signing (Threat or Coercion): If one party signs under duress or threat, the title deed transaction will not be valid.
• Collusion (Fraudulent Act): A transaction between parties that appears to be a transfer of title but actually serves another purpose through collusion. For example, collusive transfers made with the aim of concealing assets.
• Cancellation of Donation Transactions: This refers to a situation where a donor, after donating their property during their lifetime, files a lawsuit to cancel the donation.
• Transfer Contrary to the Will: The transfer of real estate in a manner contrary to the will or the rules of inheritance law.
• Absence: The termination of a person's rights to their immovable property due to their prolonged disappearance (legal process of presumed death).
• Expropriation Errors: Errors occurring in expropriation procedures carried out for the public good.

2. The Process of Filing a Lawsuit to Cancel Title Deed

The process of filing a lawsuit to annul a property deed involves following legal procedures

• Competent and Authorized Court: A lawsuit for the cancellation of a title deed the Civil Court of First Instance. In Turkish law, the rule of territorial jurisdiction in cases related to immovable property is determined according to the location of the property.
• Preparing the Lawsuit Petition: When preparing the lawsuit petition, information regarding the title deed registration whose cancellation is requested, and the legal grounds on which the title transfer should be canceled, must be clearly stated. This must be proven with supporting documents.
• Presentation of Evidence: In a land deed cancellation lawsuit, evidence must be presented to prove the claims. This may include witness statements, documents, and expert reports.
• Plaintiff and Defendant: The person filing the lawsuit for the cancellation of the title deed must be the person claiming rights to the property. The defendant will be the person or persons appearing in the title deed record.
• Payment of Fees and Expenses: The necessary court fees and expenses for filing a lawsuit must be paid to the court.

3. Statute of Limitations in Title Deed Cancellation Cases

Generally, there is no specific time limit for title deed cancellation lawsuits. However, statutes of limitations may apply in some cases. For example:

• Incapacity: A lawsuit for the cancellation of a title deed due to incapacity must be filed within 10 years from the date of the title deed transfer.
• Collusion: There is no statute of limitations for canceling title deeds due to collusive transactions. A lawsuit can be filed at any time before the statute of limitations expires.

4. Court Decision and Registration

If the court rules that the title deed should be cancelled as a result of the lawsuit, the title deed is registered in the name of the actual owner. This decision is sent to the Land Registry Office, and the necessary correction procedures are carried out.

Property title cancellation lawsuits require complex and detailed legal processes, therefore it is important to have them handled by a specialist real estate lawyer.