HOW LONG DOES A DEED CANCELLATION CASE BETWEEN SIBLINGS TAKE?

Title deed cancellation case; It is a type of lawsuit filed to correct the title deed record in case of illegal registration of a real estate. The purpose of filing the lawsuit is to cancel the title deed and re-register it in the name of the real rightful owner.

Yes, a title deed cancellation lawsuit can also be filed between siblings. This case comes to the fore especially if the testator transfers his assets to one or more of his children for the purpose of stealing property from other heirs.

In title deed cancellation cases between siblings, the allegation of muris collusion, that is, the evasion of property from the inheritance, comes to the fore. In this case, the court investigates whether the sale transaction is a real sale or a secret donation.

• * Smuggling property from heirs

• * Not leaving even half of the legal inheritance right to the heir

• * Transactions made through fraud, deception, intimidation or manipulation of will

• * Transactions against the will of elderly or disabled people

• * Selling the family residence without the consent of the spouse

• * Abuse of power of attorney

• * Based on construction contract in exchange for flats

• * Transfers made for the purpose of stealing goods from creditors

• * Forgery of title deed

• * Failure to comply with the sales promise agreement

• * Based on the contract of care until death

• * Illegal zoning practices

• * Invalidity of the will

• * Transfers made with the belief that the title deed will be returned

• * Due to acquisitive statute of limitations

• * In cases of unlawful cadastral determination, it is possible to file a title deed cancellation lawsuit.

• * Presence of a valid and real sales transaction

• * Failure to prove collusion (cheating)

• * Significant effort must be devoted to the care and supervision of the deceased.

• * Transfer of real estate out of gratitude

• * An inheritance has been made by the inheritor in favor of the person filing the lawsuit.

• * The plaintiff has previously renounced or rejected the inheritance.

• * Disinheritance of the plaintiff

• * It is revealed that the family residence was transferred with the consent of the spouse

• * A person transfers his/her title deed with his/her own consent without any change of will.

• * In cases of mistake, fraud or intimidation, a period of one year has passed from the date of learning.

• * The transfer made by the attorney must be in accordance with the law

• * Administrative action must be in accordance with the law, etc. In such cases, a title deed annulment case cannot be filed, or if it has been filed, it is decided to reject it.

Is It Possible to Transfer Intact Title Deed?

In order to ensure that the title deed transferred free of charge by the testator is not damaged, it is possible to arrange an inheritance sharing agreement or a waiver of inheritance agreement with other heirs in accordance with the procedure. With this and similar legal methods, it is possible to sell indestructible title deeds from father to son.

What Do Winners of the Deed Cancellation Case Get?

The party that wins the title deed cancellation case regains its ownership rights over the real estate. The court cancels the existing title deed record and decides to register the real estate in the name of the real rightful owner. For example, if a lawsuit filed due to theft of property from the inheritance is won, the share in proportion to the plaintiff's share of the inheritance will be registered in his name in the land registry. In addition, the winning party will receive back the litigation expenses it has paid from the other party.

I Lost the Deed Cancellation Case, What Happens?

The person who loses the title deed cancellation case not only loses his right to property; He/she also has to pay the court costs and attorney fees of the other party. However, if there is a procedural error or unlawfulness in the decision, it is also possible to appeal or appeal. The title deed will continue to be registered in your name until the upper court processes are completed and the decision is finalized.

What is the Case for Deed Cancellation and Registration Due to Muris Collusion?

Muris collusion is the transfer of the immovable property of the testator (muris) to a third party by pretending to be a sale or donation, in order to steal property from the heirs. In this case, the heirs may file a lawsuit for title deed cancellation and registration due to the collusion of the deceased.

The court investigates whether the sale was real, whether the price was paid, and the real purpose of the deceased. If collusion is detected, the title deed is canceled and the real estate returns to the heirs.

Can a Title Deed Cancellation Case Be Filed Due to Theft of Property from the Creditor?

If a debtor transfers his assets to others in order to evade creditors, creditors may file a title deed cancellation lawsuit. This case is based on Article 277 of the Execution and Bankruptcy Law and is also known as the action for cancellation of disposition. The aim is to invalidate the transfer made by the debtor and ensure that the creditor receives his receivable.

Under what circumstances can a Sales Cancellation Case be filed?

A sales cancellation lawsuit is filed when it is claimed that the sales transaction is invalid due to fraud, error, fraud or threat. This case may arise especially in cases where elderly or illiterate people are deceived into transferring their assets. If the sale cancellation case is won, the title deed record is canceled and the real estate is registered in the name of the former owner.

How Long is the Limitation Period for Deed Cancellation Cases?

The statute of limitations in title deed cancellation cases varies depending on the type of case. There is no statute of limitations in Muris collusion. A lawsuit can be filed at any time after the death of the testator.

If there is a mistake, fraud, deception or lack of will, a lawsuit must be filed within 1 year from the date of learning. If 10 years have passed since the date of transfer, a lawsuit cannot be filed.

How much is the Attorney Fee for Deed Cancellation and Registration Case?

If you lose the title deed cancellation and registration case, the attorney fee you will pay to the other party is determined according to the Attorney Minimum Fee Tariff. A tariff is applied on the value of the real estate, starting from 16% and decreasing proportionally as the value increases. This is also the minimum attorney fee you can agree on with your own attorney. The recommended minimum attorney fee determined by the Istanbul Bar Association for 2026 is 16% of the value in question, provided that it is not below 16% of the value in question.

How Much Are the Trial Costs in the Deed Cancellation Case?

Trial costs; Payments such as fees, expert fees, discovery expenses, notification costs, witness expenses. The lawsuit can be initiated with a symbolic value for 2026 and costs around approx. However, in the following stages, discovery and expert expenses to be determined by the court will need to be paid.

After the value of the real estate is determined by the expert report, an advance fee of one quarter of 68.31 per thousand of the value of the real estate will need to be paid. For example, if the value of the real estate is determined as 10 Million TL, a fee will need to be paid.

How Long Does a Deed Cancellation Case Take?

According to the recently announced criminal record statistics, the average hearing time for title deed cancellation cases in first instance courts is 500 days. The average hearing time for files in the civil chambers of regional courts of justice is 373 days, and in the civil chambers of the Supreme Court of Appeals is 206 days. According to the statistics mentioned above, it is possible to say that title deed cancellation cases will take an average of 4 years. However, litigation times may increase or decrease depending on the intensity of the court where the case is filed.

In which court is the Deed Cancellation Case filed?

Title deed cancellation cases are filed in the court where the immovable property (land, house, flat) is located. This rule is the absolute authority rule in Turkish law. So it is not possible to file a lawsuit elsewhere. The court responsible for hearing title deed cancellation cases is the Civil Courts of First Instance. For example, if the real estate is in Kadıköy, Istanbul, Istanbul Anatolian Civil Courts of First Instance are authorized and responsible.

Title deed cancellation cases are highly technical cases in terms of both procedure and substance. If it is not followed by a lawyer who is an expert in his field, it may cause irreparable loss of rights. Therefore, the best approach would be to get support from a real estate lawyer who is an expert in real estate law from the beginning of the process. You can send your questions that you cannot find answers to in our article to our office by filling out the form below.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy