A title deed cancellation and registration action is brought where an entry in the land register does not reflect the true legal position, so that the entry is cancelled and the property is registered in the name of the true right holder. The basis of the action is Article 1025 of Turkish Civil Code No. 4721: a person whose right in rem is infringed by an improper registration may sue for correction of the registration.
The Code defines clearly which registration is improper: a registration made without a legal ground or based on a transaction that is not legally valid is improper (TMK Art. 1024). Title deed cancellation is therefore not a single type of action but a form of claim that may rest on very different legal grounds. Each ground has its own rules of proof and time limits, and the way the action is built changes accordingly.
Main grounds for the action
Sham transfer by the deceased (muris muvazaası)
The most common ground in practice is where the deceased, intending to deprive their heirs of an asset, actually wished to donate a property but transferred it in the land register as a sale. Under the Court of Cassation's unification of case law decision No. 1/2 of 1 April 1974, the concealed donation is invalid because it was not made in official form, and the apparent sale is void because it does not reflect the parties' true intention. The heirs may bring an action in proportion to their own inheritance shares, regardless of whether they are entitled to a reserved share. This action is not subject to any preclusive time limit.
The deceased's true intention is the main point to be proved. Facts such as a sale price out of proportion to the value of the property, the buyer's lack of means to pay, the deceased having no need to sell, and relations among the heirs are assessed together. The heirs may prove the sham with any evidence, including witnesses.
Abuse of power of attorney
A power of attorney given for the sale of property does not grant the agent unlimited authority. If the agent sells the property far below its value, transfers it to themselves or a relative, or acts in collusion with the buyer to the detriment of the principal, the transaction may not be enforceable against the principal. Where the buyer knew or should have known of the abuse, cancellation of the title may be requested; if the buyer acted in good faith, the principal may claim compensation from the agent.
Lack of capacity of discernment
The acts of a person lacking capacity of discernment have no legal effect, except as provided by law (TMK Art. 15). A sale or donation made by a person who, because of advanced age, serious illness or mental illness, lacked capacity of discernment at the time of the transaction is null and void. This claim is not subject to a time limit; however, the person's state of health on the transaction date must be established by hospital records and, where necessary, a report from the Council of Forensic Medicine.
Mistake, fraud and duress
If the seller was led into a fundamental mistake, deceived or forced into the transaction by duress, they may declare that they are not bound by the contract (Turkish Code of Obligations No. 6098, Arts. 30–38). This right must be exercised within one year from the time the mistake or fraud was discovered or the effect of the duress ended (TBK Art. 39). If the period is missed, the transaction is deemed ratified.
Transfer of the family home without consent
A spouse may not transfer the family home or restrict rights over it without the other spouse's express consent (TMK Art. 194). If the transfer was made without consent, the other spouse may request cancellation of the title. If a family home annotation was registered in the land register, the buyer's claim of good faith will not be heard; if there is no annotation, whether the buyer knew that the property was the family home is assessed on the facts of the case.
Claims based on cadastre and possession
An action may be brought under Cadastre Law No. 3402 in respect of property recorded in another person's name during the cadastral survey; however, once ten years have passed since the cadastral record became final, no objection may be raised and no action brought on the basis of legal grounds predating the cadastre (Art. 12(3)). A person who has possessed property not registered in the land register as owner, without dispute and without interruption for twenty years, may request registration on the basis of extraordinary adverse possession (TMK Art. 713).
The problem of the good-faith third party
If the property has been transferred to someone else after the improper registration, the case often turns on this point. A third party who acquires a right relying in good faith on the land register is protected (TMK Art. 1023). A person who knew or should have known of the impropriety cannot benefit from this protection (TMK Art. 1024(1)). Where the property cannot be recovered because the third party is protected, the injured person may claim compensation from the person who procured the improper registration and, where the conditions are met, bring an action against the State for damage arising from the keeping of the land register (TMK Art. 1007).
Documents to collect before filing
In these cases, the strength of the file largely comes from the transaction's own documents. The transaction file at the land registry shows on what declaration, in whose presence and on the basis of which documents the sale was made; the court will obtain this file itself, but reviewing it before filing helps to identify the correct ground. The following are usually needed:
- The current land register record and the history of previous owners
- The official deed and land registry transaction file, and a copy of any power of attorney
- In inheritance-related cases, the certificate of inheritance and civil registry extract
- Medical records, bank account movements and correspondence from the transaction date
- Comparable sales or value information from the same period
Procedure: competent court, interim measures and fees
For actions concerning rights in rem over immovable property, the court for the place where the property is located has exclusive jurisdiction (Code of Civil Procedure No. 6100, Art. 12); the civil court of first instance has subject-matter jurisdiction. This exclusive jurisdiction rule cannot be changed by the parties agreeing on another court. Unlike lease or partition disputes, title deed cancellation claims are, as a rule, not subject to mandatory pre-trial mediation.
Transfer of the property to third parties while the case is pending can make the action meaningless in practice. It is therefore important to request an interim injunction when filing the action and to have it annotated in the land register (Code of Civil Procedure Art. 389 et seq.). The court usually requires security for the injunction. The value of the claim is based on the value of the property and the court fee is calculated accordingly; the value is finalised through an on-site inspection and expert examination.
Common problems
In sham transfer cases, the passage of many years since the sale and witnesses' failing memory make proof difficult; bank movements at the time of the sale and comparable values can be decisive in filling this gap. In power of attorney cases, the scope of the power of attorney and whether the price was actually paid are the first issues examined. In incapacity claims, the absence of medical records close to the transaction date is a major obstacle. The ground on which the action is based also matters: the ground stated in the petition may not be expandable later, so possible grounds should be assessed together from the outset.
Our work in this area
We review land register records and transaction files to assess which ground fits the facts, and we conduct title deed cancellation and registration actions, including evidence collection, interim injunctions, on-site inspections and expert examinations. For inheritance-related disputes, see Inheritance Law; for the general framework of property transactions, Real Estate Law; and for alternatives to litigation, Dispute Resolution.
Main topics
- Improper registration and correction actions (TMK Arts. 1024–1025)
- Cancellation for sham transfers by the deceased (Court of Cassation unification decision 1/2 of 1 April 1974)
- Abuse of power of attorney
- Sales by persons lacking capacity of discernment (TMK Art. 15)
- Cancellation for mistake, fraud and duress (TBK Arts. 30–39)
- Transfer of the family home without the spouse's consent (TMK Art. 194)
- Challenges to cadastral records and registration by adverse possession
Frequently asked questions
My father transferred his house to my sibling as a "sale". What can I do?
If it can be proved that the transfer was in fact a donation intended to deprive the heirs, you can bring a title deed cancellation and registration action on the ground of a sham transfer by the deceased, in proportion to your inheritance share. This action is brought after your father's death and is not subject to a preclusive time limit.
Is there a time limit for a title deed cancellation action?
It depends on the ground of the action. Actions based on a sham transfer by the deceased or lack of capacity of discernment are not subject to a time limit. For mistake, fraud and duress there is a one-year period. For actions against cadastral records, a ten-year period from the record becoming final applies.
What happens if the property is sold to someone else during the case?
To prevent this, an interim injunction should be requested when the action is filed and the injunction should be annotated in the land register. Transfers made while the annotation is in place are affected by the outcome of the case. If there is no injunction and the buyer acts in good faith, their acquisition may be protected and the claim may turn into one for compensation.
In which court should I file a title deed cancellation action?
In the civil court of first instance where the property is located. This jurisdiction is exclusive; the parties cannot choose another court.
Which documents should I collect before filing?
The current land register record of the property and the land registry deed relating to the transfer form the basis of the case. For an action based on a sham transfer by the deceased, the certificate of inheritance and civil registry records are also required. Bank records showing whether the price was paid and information on the value of the property at the time of transfer are also important. If you do not have official records such as the land registry deed, they can be obtained through the court during the proceedings.
Legislation and sources
- Turkish Civil Code No. 4721 (in Turkish)
- Turkish Code of Obligations No. 6098 (in Turkish)
- Code of Civil Procedure No. 6100 (in Turkish)
- Cadastre Law No. 3402 (in Turkish)
- Court of Cassation
The information on this page is general and does not constitute legal advice. As legislation may change, the current rules must be assessed separately for your particular situation.