Petition For Prevention Of Seizure
……………. ( ) COURT OF FIRST INSTANCE
THE PLAINTIFF : A….. B….. (T.C.:………..)
ADDRESS
AGENT :Lawyer …………
ADDRESS
DEFENDANT : C….. D…. (T.C.:………..)
ADDRESS
CASE VALUE :…… TL
SUBJECT :Our petition for the prevention of seizure (prohibition of intervention) and evacuation of the immovable property.
OUR EXPLANATIONS
1.The defendant party has submitted the enclosed letter dated Ankara …. Notary, …/…/2021 Date, ….. With the Contract of Promise of Sale of Immovable Property, which we have attached, Ankara Province Yenimahalle District … Island ….Parcel … ….Mahallesi ….Cad No:…/…. Batıkent Yenimahalle Ankara, the defendant undertook to sell the immovable property to the plaintiff client for 300.000 TL and stated in the said undertaking that he would evacuate the immovable property on …/…/2021.
2. Pursuant to the aforementioned undertaking, the transfer of the immovable was made at Yenimahalle Land Registry Office on …/…/2021, but although 3 months have passed since the transfer, and although the plaintiff client has been notified several times by the plaintiff client, the defendant has not evacuated the immovable and he is in the position of unfair occupier.
.
According to Article 683 of the Turkish Civil Code
“The person who owns something has the authority to use, benefit and dispose of that thing as he wishes within the limits of the legal order.
The owner may file a lawsuit for appropriation against the person who wrongfully possesses his property, as well as the prevention of all kinds of wrongful appropriation.”
At this point, the conditions required for the acceptance of the action for prevention of seizure are as follows:
-Proof of Right of Ownership (The title deed we have attached is a presumption that the plaintiff client has the right of ownership)
-Unfair occupation (The defendant party has no right on the immovable property owned by the plaintiff client, and the plaintiff client has no consent to the unfair occupation of the defendant party. At this point, the notice served to the defendant and the immovable sale promise agreement between the parties are also important).
-A proper causal link between the unlawful behaviour of the defendant and the violation (at this point, the discovery to be made, the testimony of the neighbours if necessary, the electricity, water, internet etc. invoices from the relevant institutions, the notice served to the defendant will reveal that the defendant continues its unlawful occupation and that the seizure is carried out by the defendant)
For the reasons explained above, it has become necessary to file this lawsuit.
LEGAL REASONS: TMK, HMK, TBK, Supreme Court Decisions and all relevant legislation
EVIDENCE :
1-Title Records
2-Notary Notification
3- Contract of Promise of Sale of Real Estate
4-Witness
5-Oath
6-Discovery
7-Informed Expert Review
8-Subpoena of electricity, water, natural gas, internet records
CONCLUSION AND REQUEST :
For all the reasons explained above and to be taken into consideration by your Court ex officio:
1-Acceptance of our lawsuit, prevention of the unfair and malicious occupation of the defendant party on the immovable property with title deed located at ……. Batıkent Yenimahalle Ankara and eviction from the immovable at his own expense
2- We request by proxy that all kinds of trial expenses, fees and attorney fees be decided to be charged to the defendant party. 20.08.2021
Plaintiff’s Counsel
Lawyer
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