Petition For Transfer Of Land Ownership To The Material Owner
TO THE CIVIL COURT OF FIRST INSTANCE
PLAINTIFF : TC No:
ADDRESS :
ATTORNEY :
ADDRESS :
DEFENDANT :
ADDRESS :
VALUE OF CLAIM :
SUBJECT : This petition contains our request for registration of title.
OUR EXPLANATIONS
1-) My client … … purchased the property located at … address, registered with parcel number … and measuring … square meters, from … … outside the lawsuit, through an external sales contract dated …/…/…. Between …/…/… and …/…/…, a four-story building was constructed on this property. The value of the building, which cost … TL, is currently … TL, while the market value of the real estate on which it is located is … TL. The sales contract was signed for a price of … TL.
2-) Following the death of … …, a party to the sales contract who is not involved in the lawsuit, his heirs, the defendants, have requested that my client vacate the real estate, claiming that the sales contract is invalid, and are preparing to file a lawsuit to prevent eviction.
3-) The conditions set forth in Article 724 of Law No. 4721, which states, “If the value of the structure clearly exceeds the value of the land, the party acting in good faith may request that the ownership of the entire structure and land or a sufficient part thereof be transferred to the owner of the materials in exchange for an appropriate price,” have been met. My client has been in good faith throughout the construction period, and the value of the building clearly exceeds the value of the land. My client also accepts the deduction of the amount of … TL paid to the deceased outside of the lawsuit, as agreed in the sales contract, from the price to be determined for the land and is prepared to pay the defendants any difference in price.
4-) For all these reasons, it has become necessary to file this lawsuit with the court to request that the ownership of the land located at … address, registered with … parcel number and measuring … square meters, be transferred to my client in exchange for a price deemed appropriate by the court and to ensure its registration in the land registry in the name of my client.
LEGAL GROUNDS: Turkish Civil Code No. 4721, Articles 19, 722, 723, 724; Turkish Code of Civil Procedure No. 6100, Articles 1, 2, 5, 6, 12, 119.
LEGAL EVIDENCE:
1-) External sales contract dated …/…/…,
2-) Land registry record for the … square meter property registered with parcel number … located at the address …,
3-) Discovery and expert examination,
4-) Certificate of inheritance,
5-) Witness list showing the names and addresses of witnesses and the subjects they will testify on.
CONCLUSION AND REQUEST: For the reasons explained above, the title deed of the immovable property with a registered parcel number of … and an area of … square meters located at the address of … shall be canceled in exchange for the appraised value (after deducting the amount of … TL paid to the deceased outside of the lawsuit as agreed in the sales contract), the title deed be canceled and the property be registered in the name of the client in accordance with the relevant provisions of the law, and the litigation costs and attorney’s fees be borne by the opposing party. We respectfully request this on behalf of our client. …/…/…
ATTACHMENTS :
Plaintiff’s Attorney