Lawsuit for Cancellation and Registration of Title Deed Due to Classical Fraudulent Inheritance Transaction

TO THE ISTANBUL ANADOLU DUTY PRIMARY CIVIL COURT

PLAINTIFF:
Name Surname – TR Number: …
Address: …

ATTORNEY:
Attorney …
Address: …

DEFENDANT:
Name Surname – TR Number: …
Address: …

SUBJECT OF THE LAWSUIT: The lawsuit
seeks the cancellation of the title deed of the immovable property registered in the defendant's name due to fraudulent transfer of inheritance, and its registration in the plaintiff's name in proportion to their inheritance share; it also requests a precautionary measure to be placed on the title deed to prevent the transfer of the property to third parties during the trial.

VALUE OF THE CLAIM:
For now, … TL

EXPLANATIONS

1. The deceased, the plaintiff's parent, passed away on …/…/2023. The plaintiff and the defendant are the legal heirs of the deceased. This is confirmed by the certificate of inheritance.
2. The deceased transferred the immovable property registered in Istanbul province, ... district, ... neighborhood, ... block, ... parcel, which he owned during his lifetime, to the defendant shortly before his death by showing a sale transaction in the land registry.
3. However, the transfer in question was not a genuine sale but a fraudulent transaction created solely with the motive of defrauding the plaintiff. The sale price shown in the land registry is significantly below the property's actual market value. The defendant did not pay the deceased a genuine and substantial amount.
4. The immovable property is a significant element of the family estate, which the deceased used and managed for many years. Even after transferring the property in question, the deceased maintained de facto control over it and continued to exercise all rights of disposal. This demonstrates that the transaction did not reflect the deceased's true intentions.
5. The defendant accepted this fraudulent transfer with the aim of eliminating the inheritance rights of the plaintiff, who is another heir of the deceased; thus, the transaction became a transfer that appeared as a sale but was in reality a donation, based on the purpose of defrauding the heirs of their inheritance.
6. In such transactions based on fraudulent transfer of inheritance, the apparent sales contract is legally invalid as it does not reflect the true intentions of the parties. Therefore, the court should order the cancellation of the title deed registered in the defendant's name and its registration in the plaintiff's name in proportion to their inheritance share.
7. Since there is a possibility that the property in question may be transferred to third parties, it is necessary to place a "precautionary measure preventing transfer and assignment" on the land registry until the end of the lawsuit to prevent irreparable harm.

LEGAL REASONS

Turkish Civil Code, Turkish Code of Obligations Article 19, Code of Civil Procedure, Land Registry Law, other relevant legislation, and Supreme Court precedents.

EVIDENCE

Inheritance certificate, land registry records, transaction records, sales contract table, municipal valuation records, comparable sales records, bank records, research into the deceased's economic and social status, witness statements, on-site inspection and expert examination if necessary, population records, and all other legal evidence.

CONCLUSION AND REQUEST

For the reasons stated and explained above;

1. A precautionary measure was placed on the land registry record to prevent the transfer of the property in question to third parties
2. The cancellation of the title deed registered in the defendant's name due to fraudulent transfer of inheritance, and its registration in the plaintiff's name in proportion to the plaintiff's inheritance share
3. We respectfully request and demand that the court order the defendant to pay the court costs and attorney's fees
   

Plaintiff's Attorney
, ...