Land Registry Request.
TITLE DEED REGISTRATION
Title deed registrations are the records entered in the land registry in order for a right to be legally valid on real estates. Registration is one of the basic rules in terms of land registry. The status of the rights established on real estates is determined through the land registries kept. In order to establish rights on a real estate or to claim a right on a real estate, title deed registration is required.
TO THE JUDGE OF THE CIVIL COURT OF FIRST INSTANCE
THE PLAINTIFF :
TC ID NUMBER :
ADDRESS :
PROVISIONAL :
(legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT :
ADDRESS :
CASE VALUE :
(In cases related to assets)
SUBJECT : Land Registry Request.
A P P L A C T I O N S
1-) My client … … has constructed a four-storey building between …/…/…/… – …/…/…/… on the … square meter immovable (Annex-2) registered with the parcel number … located at the address …, which he purchased from the non-suit … … … with an external sales contract dated …/…/… (Annex-1). While the value of the building, which cost … TL, is currently … TL, the current market value of the immovable on which it is located is … TL. The sale contract was signed for … TL (Annex-3)
2-) Upon the death of the non-suit … … who was a party to the sale contract (Annex-4), the heirs of the defendants demanded the evacuation of the immovable property from my client claiming the invalidity of the sale contract and started preparations to file a lawsuit for the prevention of seizure.
3-) Pursuant to the provisions of Article 724 of the Law No. 4721; “If the value of the structure is clearly more than the value of the land, the party in good faith may request that the ownership of the whole or a sufficient part of the structure and land be given to the owner of the material in return for an appropriate price.” The conditions stipulated in the provision have been realized. My client was in good faith during the construction of the structure and the value of the structure is clearly more than the value of the land. My client also accepts the deduction of … TL paid to the non-suiting executor as agreed in the sale contract from the price of the land to be determined and is ready to pay this difference to the defendants if there is a price difference.
4-) For all these reasons, it has become necessary to file this lawsuit in order to ensure that the ownership of the … square meter land registered with the parcel number …, located at the address …, is given to my client and registered in the title deed to my client for a price that the court deems appropriate.
LEGAL GROUNDS : Art. 19, 722, 723, 724 of 4721 S. Code; Art. 1, 2, 5, 6, 12, 119 of 6100 S. Code.
LEGAL EVIDENCE :
1-) The external sales contract dated …/…/…,
2-) The title deed of the …. square meter immovable registered with the parcel number … located at the address …,
3-) Discovery and expert examination,
4-) Decree of inheritance,
5-)Witness list showing the names and addresses of the witnesses and the subjects they will testify.
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request on behalf of the client that the title deed of the … square meter immovable registered with the parcel number …, located at the address …, be canceled and registered in the name of the client in accordance with the provisions of the relevant law in return for the price to be appreciated (by deducting … TL paid to the non-suiting muris as agreed in the sale contract), and that the trial expenses and attorney fees be charged to the other party. …/…/…
ANNEXES :
1-) External sales contract dated …/…/…,
2-) The title deed of the immovable property located at the address …. with block/parcel No. …,
3-) Discovery and expert examination reports,
4-) Decree of inheritance,
5-) Witness list showing the names and addresses of the witnesses and the subjects they will testify.
6-) One approved power of attorney sample.
Plaintiff Attorney
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