Request For Cancellation Of Land Registry By The Inheritor
T.C Judiciary Court of Appeal 16th Civil Chamber Esas: 2016/ 14588 Decision: 2020 / 488 Date of Decision: 17.02.2020
JUDICIARY DECISION
COURT OF FIRST INSTANCE
The Court of Cassation was requested to review the judgment given as a result of the lawsuit between the parties; it was understood that the request for appeal was in due time, the review report and the documents in the file were read, and the necessity was discussed:
As a result of the cadastral survey, the immovable properties with an area of 16.386,18 square meters, numbered 101 parcel 12, 102 parcel 1, 5, 21, 103 parcel 7, 10, 105 parcel 2, 7 and 106 parcel 77,
Winner>
Some of the immovables were determined and registered in the name of the defendant’s murisi …, some of which were detached and some of which were shared, due to possession by prescription. The plaintiff Treasury filed a lawsuit for the cancellation of the title deeds of the disputed immovable properties and their registration in the name of the Treasury, claiming that the immovable properties determined and registered in the name of the defendant without a document were more than 100 acres. At the end of the trial, the court decided to dismiss the lawsuit; the judgment was appealed by the plaintiff Treasury attorney.
According to the contents of the file, the evidence on which the decision is based, the reasons in accordance with the law, and the appreciation of the evidence, there is no inaccuracy in the evaluation of the evidence, the appeal objections that are not in place are rejected and the judgment, which is in accordance with the procedure and the law, is APPROVED, and since the Treasury is exempt from the fee, there is no need to charge a fee,
It was unanimously decided on 17.02.2020, with the way of decision correction being open within 15 days from the notification of the decision when the legal conditions are realized.
You can access our other article examples and petition examples by clicking here.