Title deed cancellation and registration cases are among the cases that enable the transfer of the title deed of a real estate by court decision. This lawsuit can also be filed against contractors who do not transfer the title deed even though they are obliged to do so. In this article, we will examine all the details that rights holders who want to file a title deed cancellation and registration lawsuit against the contractor who did not transfer the title deed need to know.
Things to Do Before Filing a Lawsuit:
Contract Review: The first step is a detailed review of the contract with the contractor. The contract should include provisions regarding when and how the title deed will be transferred.
Sending a Warning: The Contractor must be contacted and requested in writing to transfer the title deed. This notice should clearly state when the transfer should take place and if it does not happen, a lawsuit will be filed.
Collection of Evidence: Copies of the contract, notice, payment receipts, title deed and other relevant documents will constitute the necessary evidence to file a lawsuit.
Litigation Process:
Competent Court: Title deed cancellation and registration cases are filed in the Civil Court of First Instance where the real estate is located.
Petition: In the petition, the information of the plaintiff and the defendant, the immovable property in question, the events and evidence subject to the case, and the requested provision must be clearly stated.
Litigation Costs: Fees and other expenses must be paid in advance when filing a lawsuit.
After the Case:
Litigation Process: The case continues with the examination of evidence and hearing of witnesses.
Court’s Decision: The court makes a decision after considering all the evidence and the statements of the parties. The decision may include provisions such as canceling the title deed and registering the real estate in the name of the plaintiff or rejecting the case.
Things to Consider When Filing a Lawsuit:
Statute of Limitations: There is a 5-year statute of limitations for filing a lawsuit for title deed cancellation and registration.
Lawyer Assistance: Due to the complexity of the litigation process, getting legal assistance from a lawyer is important for beneficiaries to protect their rights.
