Sample Petition For Deed Cancellation And Registration Request
TO THE … CIVIL COURT
THE PLAINTIFF :
TC ID NUMBER :
ADDRESS :
LEGAL REPRESENTATIVES :
(legal representatives of the parties, if any)
ADDRESS:
(of the legal representatives of the parties, if any)
DEFENDANT :
SUBJECT : It is about our request for cancellation and registration of title deed.
CLAIM VALUE :
(in cases related to assets)
EXPLANATIONS :
1-) The immovable property with the characteristics of a field (Annex-1), which is registered in … province, … district, … village/neighborhood, … plot, … island, … parcel (Annex-2 ), was determined on behalf of the defendant(s) during the cadastral surveys carried out on …/…/…, by applying the title deed record dated …/…/… and numbered … ( Annex-2). The determination report was finalized on …/ …/ … date.
2-) The relevant immovable property has been in the possession of our client’s grandfather … …, then his father … … and finally our client for a period of approximately … years from the date of the title deed registration applied during the cadastre (date of transfer) and has been regularly cultivated and harvested by the aforementioned persons. During this entire period, the defendant(s) and/or their descendants did not have any possession of the immovable property subject to the lawsuit.
3-) Attached heritage certificates (ANNEX-3) showing the hereditary relationship between the lineal descendants and our client, and copies of documents showing that our client has been authorized by the other heirs as a representative to file this lawsuit are attached (ANNEX-4).
4-) The discovery and expert examination to be carried out by your court at the location of the immovable property subject to the lawsuit and the witness statements (ANNEX-5) that we will listen to during the hearings if deemed appropriate by your Court will reveal the situation with all its clarity.
LEGAL GROUNDS : Article 12, 13 of Law No. 3402; Article 713 of Law No. 4721.
LEGAL EVIDENCE : Title deed records regarding the immovable property with the characteristics of field registered in … province, … district, … village/neighborhood, … plot, … island, … parcel, …/…/… dated cadastral determination minutes, letters of inheritance, a document showing that our client has been authorized as a representative by the other heirs for the filing of this lawsuit, a witness list showing the names and addresses of the witnesses and the subjects they will testify, discovery and expert examination.
CONCLUSION AND REQUEST : For the reasons we have tried to explain above, the cancellation of the title deed of the immovable property subject to the lawsuit, which is still registered in the name of the defendant, and the registration of the said immovable property in the name of our client and the other heirs he represents, (The request for the value of the lawsuit, “reserving the rights regarding the surplus” or whether the value of the lawsuit is contentious or not; Although it may vary according to the petition prepared on the subject of the lawsuit, the relevant requests should be evaluated based on your concrete case. ) We request on behalf of our client that the court costs and judicial expenses be decided to be imposed on the other party. …/…/…
ANNEXES:
1-) Title deed records regarding the immovable property with the qualification of field registered in … province, … district, … village/neighborhood, … plot, … island, … parcel.
2-) Cadastral survey minutes dated …/…/…
3-) Decrees of inheritance.
4-) The document showing that our client has been authorized as a representative by the other heirs for the filing of this lawsuit.
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 Representative
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