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What is Deed Cancellation and Registration Case?

08.07.2023
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What is Deed Cancellation and Registration Case?
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Title deed cancellation and registration caseIt is a lawsuit filed by the person who has the right to request the cancellation of the title deed record of the real estate and its registration in the name of the person who is the real right owner, in case the reason behind the acquisition of the real estate by registration is due to reasons that are not legally real or valid. Title deed cancellation case, is opened by the person aggrieved by the registration process. Since this case concerns the same immovable property, it cannot be enforced until the court decision is finalized.

 

How to File a Deed Cancellation and Registration Case?

The title deed cancellation and registration case is filed in the civil court of first instance where the real estate is located. The competent court is the civil court of first instance. Of course, this is the rule, but there are also exceptions to this rule. For example, people who have purchased real estate from a contractor can file a lawsuit for title deed cancellation and registration in the consumer court as a consumer. In case such exceptional issues go unnoticed, consult an expert in the field. best real estate lawyer Working together is extremely important. Otherwise, in cases where a rejection decision is made due to lack of jurisdiction, there may be a possibility that the trial may take a long time to conclude. The petition for title deed cancellation and registration must be as complete and flawless as possible. The procedural process must be carried out in a highly professional manner, and care must be taken to ensure that the legal evidence is capable of proving the statements and allegations made.

Attorney Fees and Court Expenses in Deed Cancellation and Registration Case

Relative fees are paid in title deed cancellation and registration cases, and these cases are generally filed as indefinite receivables cases. Therefore, court fees between 2023-1.000 Turkish Liras are paid for 5.000, depending on the initial fee basis. However, after the discovery is made and the expert report is prepared, the value is increased and the remaining fee must be completed. In short, the value of the real estate subject to the lawsuit plays a decisive role in determining court costs.

To explain with examples, for 2023:

  • For a real estate with a lawsuit value of 100.000 Turkish Liras, in the range of 3.000-8.000 Turkish Liras, depending on details such as the number of witnesses, the number of experts and the number of surveys,
  • In the range of 1.000.000-15.000 Turkish Liras for a real estate with a lawsuit value of 25.000 Turkish Liras, and
  • For a property with a lawsuit value of 10.000.000 Turkish Liras, court costs may be in the range of 150.000-200.000 Turkish Liras.

Attorney fees for title deed cancellation and registration cases Ankara According to the Minimum Fee Chart Between Lawyers and Business Owners published by the Bar Association, it is determined as 45.800% of the case value, not less than 15 Turkish Liras.