Petition For Deed Cancellation And Registration Case Due To The Inheritor’s Collusion
-SAMPLE PETITION-
ANKARA DUTY ( ) COURT OF FIRST INSTANCE
WITH A REQUEST FOR INJUNCTION.
PLAINTIFF :
ADDRESS
REPRESENTATIVE :
ADDRESS
DEFENDANT :
ADDRESS
CASE VALUE : 000,00 TL
SUBJECT OF THE CASE :
It consists of our request for cancellation and registration of title deed due to muris collusion.
EXPLANATIONS
Plaintiff client A….. B….. and the defendant C….. B….. are siblings and as can be understood from the certificate of inheritance (Annex-1) attached to this petition, they are the heirs of their father D…. B….. who died on ../../…. They are the heirs of their father D…. B…. who passed away on …/./…..
Before the death of the heir D…. B…, the real estate subject to the lawsuit in Ankara, Yenimahalle District, Ankara Province, … Island, … Parcel (Title deed document is attached as Annex-2) …/…/…. On the date of defendant C….. B….. on ../../….. with a “contract of care until death” without the client’s knowledge. The client learnt about the said contract after the death of the deceased.
This transfer was made by the deceased to the client A….. B….., and with this lawsuit, we demand the cancellation of the title deed of the immovable subject to the request in proportion to the client’s inheritance share and the registration and registration of the title deed in the name of the client, for the reasons explained below.
.
First of all, it should be noted that the muris D… B…, the defendant C….. B….. has never been in a situation that would require such a contract with the defendant C….. B…… The deceased, who was a retired civil servant, lived alone in his house until his death; during this period, he was able to provide his own food, cleaning and all kinds of needs of his house.
The deceased did not have a health problem that would adversely affect his life and therefore did not lead a life that required care. Even if we assume for a moment that the defendant and the deceased entered into this agreement for maintenance reasons, the fact that the defendant lived in his own house with his family and the deceased lived alone in his own house on the date of the agreement reveals that such maintenance never took place.
.
The deceased had a self-sufficient income and was not in a debt that would require support. The deceased was the owner of the immovable property where he resided and his only asset was this immovable property. Again, even if we assume for a moment that the muris and the defendant have executed this agreement, the fact that the agreement was made over the only asset of the muris will make it obvious that it was not made within a reasonable limit.
Consequently, for these reasons explained, since it is fixed that the deceased did not distribute his inheritance among his heirs in reasonable proportions and did not make any equalisation; the plaintiff client A….. It is obvious that he acted with the intention of evading property from the plaintiff client A….. B…… In this way, we submit this lawsuit in order to prevent the usurpation of the client’s right in a collusive manner.
LEGAL GROUNDS :
TMK, TBK, HMK, Land Registry Law No. 2644 and other relevant legislation
EVIDENCE :
Title deed records, witness statements, arm’s length price research, discovery, oath, expert report, all other evidence
CONCLUSION AND REQUEST:
For all the reasons explained above and to be taken into consideration by your Court ex officio:
1- First of all, to decide to accept our request for interim injunction in order to prevent the transfer of the immovable subject to the lawsuit to a third party and to write a letter to the land registry office in this regard,
2- To decide on the cancellation of the title deed registration on the defendant and registration of the plaintiff client in proportion to his share,
3- We request and demand by proxy that all kinds of trial expenses and attorney fees be decided to be charged to the other party. 21/10/2021
Plaintiff A….. B….. Attorney for
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