Deed Cancellation Lawsuit

Deed Cancellation Lawsuit

Where is a Deed Cancellation Lawsuit Filed, What is the Duration?

A deed cancellation lawsuit is filed with the aim of re-drafting the deed record of a real estate property that was made improperly and unlawfully. When a property or real estate changes hands due to inheritance or trade, the existing deed must be registered by the authorized authorities in the name of the new owner. Even though one becomes the official owner of the real estate after the deed registration process, a deed cancellation lawsuit can be filed in some cases. If deemed necessary, an on-site inspection may be requested. After the expert report prepared following the inspection, the court makes a final decision. You can get support from [website address]. Some of these reasons can be listed as follows:

  • In case of misuse of the power of attorney granted,
  • In case of the invalidity of the will,
  • In case of legal incapacity,
  • Due to reasons arising from zoning law and measurement errors in cadastral surveys,
  • Due to improperly made registration processes.

What is the Process of a Deed Cancellation Lawsuit?

The Civil Court of First Instance in the place where the immovable property is located is the official authority where a deed cancellation lawsuit should be filed. It is not possible to file a lawsuit outside the location of the immovable property. If a lawsuit is to be filed for more than one immovable property, the Civil Court of First Instance in the location of any of the immovable properties is applied to. There is no statute of limitations for filing a cancellation lawsuit; even for deeds of 5-10 years, the right remains unchanged, and unlike most lawsuits, a lawsuit can be filed when necessary. Although there is no fixed duration for how long a filed lawsuit will take, the Ministry of Justice has set a period of 730 days for inheritance cases. There is always a possibility that this period may extend or shorten due to reasons such as examining documents and resolving potential disputes. Generally, deed cancellation lawsuits take an average of 2 years to conclude. First, the deed cancellation lawsuit is filed by applying to the Civil Court of First Instance where the property is located with the necessary documents. It is checked whether there are any deficiencies in the lawsuit petition. If it is complete, it is notified to the defendant. Both the plaintiff and the defendant have the right to submit a second petition. After the lawsuit is filed, the court first examines the existing deed records. It checks the validity of the deed registration processes. Following this process, the plaintiff and defendant parties are heard along with their witnesses.