Deed Cancellation Due To Collusion
Republic of Turkey Judiciary Court 1st Civil Chamber Esas: 2019/ 3518 Decision: 2020 / 762 Date of Decision: 10.02.2020
JUDICIARY DECISION
COURT : …DISTRICT COURT OF JUSTICE 1ST CIVIL CHAMBER
TYPE OF CASE :
CANCELLATION AND REGISTRATION
In the case consolidated between the parties;
In the original and consolidated lawsuit, the plaintiffs claimed that their heirs … and … assigned the independent section numbered 2 on block 1753, parcel 1 to their son, the defendant … by sale, and that the assignment was for the purpose of evading property from the heirs, free of charge and collusive, and requested the cancellation of the title deed and its registration in their names in proportion to their inheritance shares.
The defendant defended the dismissal of the lawsuit by stating that he took care of his father and mother who were bedridden, that he made many expenses for treatment, that he paid his father’s debts to the environment, that when he could not afford the treatment expenses, his father asked for the sale of the immovable property, that he purchased the immovable property for this reason, and that the sale was real.
The Court of First Instance decided to dismiss the lawsuit on the grounds that the assignment was not collusive; and the appeal of the plaintiffs’ counsel was rejected by the 1st Civil Chamber of the …Regional Court of Appeals in accordance with Article 353/1.b.1 of the CCP No. 6100.
Decision was appealed by the plaintiffs’ counsel in due time; the report of the Examining Judge … was read and his opinion was taken. The file was examined, and the necessity was discussed and considered.
-DECISION-
According to the file content, the collected evidence, the legal and legal grounds on which the judgment is based, and especially the appreciation of the evidence; it was unanimously decided on 10.02.2020 that the appeal objection of the plaintiffs was rejected and the judgment, which is in accordance with the procedure and law, was APPROVED, and the following 10.00. TL balance approval fee was collected from the appealing plaintiffs.
You can access our other article examples and petition examples by clicking here.