Land Registry Cancellation And Registration Case Based On Preemption Right
-SAMPLE PETITION-
TO THE ( ) COURT OF FIRST INSTANCE ON DUTY WITH A REQUEST FOR INJUNCTION.
THE PLAINTIFF : A….. B….. (T.C.:)
ADDRESS
REPRESENTATIVE :
ADDRESS
DEFENDANT :C….. D….. (T.C.:)
ADDRESS
CASE VALUE: 100.000,00 TL (One Hundred Thousand Turkish Liras)
SUBJECT OF THE LAWSUIT :
The plaintiff requests the cancellation of the share sale of the immovable property on … Island, … Parcel, in which the plaintiff client also has ½ share, to the defendant and the registration of the sale price to be paid to me.
EXPLANATIONS
The immovable property located on … Island, … Parcel (Title deed is attached as Annex 1), in which the plaintiff client owns ½ share, was purchased by the defendant E…. B…. by the defendant C….. on 03.04.2021 with a price of 100.000,00 TL D….. and the transfer was realised at the title deed.
The plaintiff client was not informed about the transfer transaction in question, and the plaintiff client was not notified through a notary public, and the necessity to file this lawsuit has arisen within the 2-year prescriptive period specified in the law.
The immovable property in the nature of a field subject to the lawsuit, the non-suit E…. B…. and the plaintiff client’s father, and the plaintiff client has a legal right of pre-emption due to the shared ownership of the plaintiff client and in accordance with Articles 732, 733 and 734 of the Turkish Civil Code. For this reason, without informing the plaintiff client, the defendant C…. D….. without notifying the plaintiff client, on the condition that the transaction price is deposited by us to the Court’s cashier, and to be registered to the plaintiff client, and to write a letter to the Elmadağ Land Registry Directorate to put an injunction on the share in question in order to prevent the transfer of the share subject to the lawsuit to a third party during this lawsuit.
LEGAL GROUNDS :
TMK, TBK, HMK 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:
-Firstly, to decide to accept our request for interim injunction in order to prevent the transfer of the immovable share subject to the lawsuit to a third party and to write a letter to the land registry office in this regard
-To decide on the cancellation of the title deed registration on the defendant and its registration on the plaintiff client, on the condition that the sale price of the immovable property subject to the lawsuit and the fees and expenses of the immovable property are deposited in the Court cashier’s office to be paid by us to the defendant
-We request by proxy that all kinds of trial expenses and attorney fees be decided to be charged to the other party. 03.08.2021
Plaintiff A….. B….. Attorney for
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