Title deed cancellation and registration cases play an important role in resolving disputes regarding real estate ownership. One of these cases is the title deed cancellation and registration case filed due to incapacity. This type of lawsuit is filed to cancel transactions such as real estate transfer by people who cannot freely express their will due to reasons such as mental illness, dementia, alcohol or drug addiction.
So, what is incapacity and what role does it play in title deed cancellation and registration cases?
Incompetence means the lack of ability of a person’s legal actions to produce legal consequences. According to the Turkish Civil Code, in order to be considered fully competent, one must be over 18 years of age and in good mental health.
Conditions such as mental illness, dementia, alcohol or drug addiction can prevent a person from freely expressing their will, which can lead to incapacity.
By an unlicensed person:
• Sale or transfer of real estate
• Establishing a mortgage
• Forgiveness
• Other savings transactions
Transactions like this are invalid. In order to cancel these transactions, a title deed cancellation and registration lawsuit must be filed due to incapacity.
Who can file a title deed cancellation and registration lawsuit due to incompetence?
• Legal representatives of the incapacitated person (guardian, trustee)
• Heirs of the incompetent person
• Creditors of an incapacitated person against the person who appears as the owner in the land registry
How to File a Case?
The title deed cancellation and registration case due to incompetence is filed in the civil court of first instance where the real estate is located. The lawsuit petition must include information about the real estate in question, the identity of the incompetent person and evidence of his incapacity.
What could the evidence be?
• Hospital reports
• Forensic Medicine Institute reports
• Witness statements
• Photos and videos
Post-Litigation Procedures
The court reaches a decision by evaluating the evidence. If the court determines the existence of incapacity, it decides to cancel the registration in the land registry and register the qualified person as the owner.
Incompetence
