T.C. SUPREME
1.law office
Based on: 2013/18129
Decision: 2014/4907
Date of decision: 05.03.2014
THE CASE OF CANCELLATION OF THE TITLE DEED AND REGISTRATION – FRAUD – WHERE THE PERSONALITY WILL END WITH DEATH – IN ACCORDANCE WITH THE REGISTRATION OF THE REAL ESTATE IN THE PROPORTION OF THEIR SHARE IN THE DECLARATION OF INHERITANCE ON BEHALF OF THE PLAINTIFF HEIRS
ABSTRACT: It is necessary to register the immovable property in the proportion of their share in the declaration of inheritance on behalf of the plaintiff heirs, taking into account that the personality will end with death.
(4721 P. K. m. 28) (818 P. K. m. 28) (6098 P. K. m. 36)
Case: In a case dec between the parties;
The plaintiff,old and born in 1933 is in disrepair, maliki 190 where the name of the 5 island 8 192, 198, name 2, Name 1, 199, 5, and 7 to his real estate parcel No. until he dies, I’m actin with its neighbor, which you want to assign to the defendant, but the defendant’s trick with the sales process is performed in the form of the deed, if any, as the money was not paid, the defendant looked for a while and then looked to him by asserting that the cancellation of the registration of title deed registration just wanted to give a decision on behalf of; heirs during the trial died from U. he represented himself by proxy; the other heir was d. on the other hand, he has waived the case; a representative has been appointed to the decider in accordance with the interim decision of the court.
The defendant stated that the sale was real and defended the rejection of the case.
The court decided to accept the case on the grounds that the claim was fixed.
The decision was appealed by the defendant’s deputy, but the report of the Examining Judge Barış Bulbül was read. The thought was taken away. The file has been reviewed. It was discussed and thought out as necessary.
Kara: The case is related to the request to cancel the deed and register it based on the legal cause of the fraud.
The court has decided to accept the case.
There is no hit in the fact that the case was accepted by determining that the transfer process related to the file content and collected evidence and the real estate subject to the case was carried out by fraud. Appeals of the defendant’s deputy in this direction are not out of place, they are rejected.
Conclusion: Unfortunately, TMK has 28. although it is not true that a decision has been made to register a dead person in accordance with Article 2 of the provision, since this does not require a retrial, without taking into account that the personality will end with death in accordance with the article. i have “… muris H. A. A. These immovable properties are returned to the seller. his son was born on 10.04.1933 H. A. registration and registration of deeds in his name separately, the removal of the relevant phrase from the provision, and the replacement of “PLAINTIFF H. A.the statement ”on the registration of shares in the declaration of inheritance on behalf of the heirs of” shall be written with the acceptance of the appeals of the defendant’s deputy in this direction, as well as the provisional 3 of HMK No. 6100. article 438/7 of the Criminal Code No. 1086 by sending the article. in accordance with the article, the decision was made unanimously on 05.03.2014 to CORRECT and REPAIR the provision in this way, to return the received advance payment to the appellant.
