The land registry is an official book where real estate property rights are registered and protected. The proper functioning of this system forms the basis of property security. Unfortunately, in some cases, illegal registrations can be made in the land registry by using forged documents. In such cases, the real rightful owner becomes aggrieved and is forced to take legal action to regain his rights.
Title deed cancellation and registration lawsuit based on false documents is a type of lawsuit filed to eliminate these grievances. This lawsuit aims to cancel the registration process based on false documents and to register the real estate to the real rightful owner.
Who Can File a Case?
Those authorized to file title deed cancellation and registration cases based on false documents are:
• The real owner of the real estate: The person who does not appear as the owner in the land registry, but whose ownership rights belong to him.
• Heirs: If the real beneficiary dies, his heirs can also file this lawsuit.
• Creditors: Creditors who have real rights such as mortgages or liens on the real estate can also be plaintiffs.
Where to File a Case?
The title deed cancellation and registration case based on false documents is filed in the Civil Court of First Instance where the real estate is located.
What are the Stages of Litigation?
After the lawsuit is filed, the following stages occur:
1. Submission of the Petition: The plaintiff applies to the court with a petition explaining his case and demands. In the petition, issues such as information regarding the real estate, the type of the fake document and how it was obtained, and the extent of the victimization are explained in detail.
2. Presentation of Evidence: The plaintiff presents evidence to prove his claims. This evidence may include the original or a copy of the forged document, expert reports, witness statements and other relevant documents.
3. Hearings: The court listens to the plaintiff and the defendant, examines the evidence and, if necessary, has an expert examination.
4. Making a decision: The court makes its decision after evaluating all the evidence. The decision states the cancellation of the title deed registration and to whom the real estate will be registered.
Matters to be taken into consideration in the case
• Title deed cancellation and registration case based on false documents is a complex legal process. Therefore, it is important to consult a lawyer for filing and pursuing the case.
