This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Tapu İptali ve Tescil Davası: Ne Zaman Açılabilir?.
An action for cancellation of the title deed and re-registration is brought where the register does not reflect the true legal position, and it results in the register being corrected in favour of the real right holder. It is heard by the civil court of first instance where the property is located, and that jurisdiction is mandatory. The time limit depends on the ground relied on: some grounds are subject to no period at all, others to a one-year forfeiture period.
The land register is public and guaranteed by the State. But the principle of reliance on the register sometimes protects the person who abused it rather than the true owner, which is why the law provides a route to correction. TMK means the Turkish Civil Code No. 4721.
When Cancellation Can Be Sought
The register must have been created unlawfully. The situations met most often are:
- Sale on a forged power of attorney. A transfer effected on a document fabricated in the owner's name has both criminal and civil consequences; the true owner may seek cancellation of the transfer.
- Lack of legal capacity. Dispositions made by a person without capacity, or acting without the power of discernment, are void. This can be established afterwards and the register corrected.
- Simulated disposition by the deceased. Where a person transfers property during life, describing a gift as a sale, in order to deprive their heirs, the heirs may challenge it.
- Duress or deception. Where consent was defective — threat, deception or mistake — the transaction may be annulled.
- Zoning irregularity. Registrations created contrary to the zoning position or on a false declaration.
- Void transfer. A transfer of immovable property made without observing the required form — for example a promise of sale not executed before a notary — is void, and the registration rests on that voidness.
- Encroachment on reserved portions. Dispositions damaging the reserved portions of protected heirs may be challenged by an action for abatement, which can also result in cancellation.
| Ground | Time limit |
|---|---|
| Simulated disposition by the deceased | No time limit |
| Absolute nullity | No time limit |
| Deception, mistake, duress (defect of consent) | 1 year from discovery or from the effect ceasing |
| Lack of legal capacity | No time limit |
| Consent not obtained for the family residence | A reasonable period from discovery |
| Abuse of a power of attorney | No time limit |
| Registration by acquisitive prescription | 20 years (extraordinary), 10 years (ordinary) |
To prevent transfer to a third party during the proceedings, an interim injunction annotated on the register should be sought at the outset.
Where the Action Is Brought
Whatever the value of the property, the competent court is the civil court of first instance. Territorial jurisdiction lies with the court where the property is located, and this jurisdiction is mandatory: it cannot be varied by agreement between the parties.
Where the property straddles more than one district, the claimant may sue in any of them. Where several properties are involved, separate actions in different courts may be required.
How the Case Proceeds
Pleadings and evidence. The petition must set out precisely why the registration is unlawful, and attach the title deed, the register entries, copies of any power of attorney, the contracts, witness details and any expert opinion.
Expert examination. The court will usually appoint experts to examine the register entries, the cadastral measurements, the value of the property and the true nature of the transaction. In a simulated disposition, whether the stated price was far below market value is one of the decisive indicators.
Correspondence with the land registry. The court obtains all records, annotations and prior registrations relating to the property.
Acquisition by a good-faith third party. The strongest defence is that a person who later acquired the property did so in good faith. Under the principle of reliance on the register, a person who acquires a right in good faith relying on the registration is protected (TMK art. 1023). This can defeat the action entirely — which is why the injunction matters so much.
Time Limits
Because the action protects a right in rem, it is as a rule not subject to any limitation period. Ownership is perpetual, and an action founded on it can in principle be brought at any time.
Certain situations are different:
- Simulated disposition by the deceased. The right of action arises when the succession opens. There is no time limit, but delay creates evidential difficulty.
- Defect of consent. The one-year forfeiture period for annulment of the contract (TBK art. 39) must be watched in connected actions.
- Acquisition by a good-faith third party. Where the property has passed to such a person, the claim to ownership may fall away in practice; the remedy then becomes damages rather than cancellation.
- Abatement. One year from the protected heir learning of the disposition, and in any event ten years — both forfeiture periods.
"The State is liable for all damage arising from the keeping of the land register."
TMK art. 1007
This provision gives a person harmed by an error in the register a claim against the State. Losses arising from the acts of the land registry official fall within it.
Before Filing
- Obtain the current register entry and its annotations from the land registry or through the e-government portal.
- Record the identities of the parties to the transfer, the date and the stated price.
- Where a forged power of attorney is alleged, a criminal complaint to the notary and the prosecutor may be appropriate.
- Preserve every contract, item of correspondence and payment record.
- Have the legal basis assessed before filing; the wrong ground can cost the case.
Check the entry for your property through the land registry or the e-government portal, and watch the annotations, mortgages and attachments recorded against it. A transfer you do not notice becomes very much harder to undo once the property has reached a good-faith third party.
Frequently Asked Questions
On what grounds can a title deed be cancelled?
A forged power of attorney, lack of legal capacity, abuse of a power of attorney, a simulated disposition by the deceased, defect of consent, or a transfer void for want of form.
Which court hears the action?
The civil court of first instance where the property is located. That jurisdiction is mandatory and cannot be varied by agreement.
Is there a time limit?
As a rule no, because the action protects a right in rem. But defect of consent carries a one-year forfeiture period and abatement one year from discovery.
What if the property has already been resold?
A good-faith third party who relied on the register is protected. The remedy then becomes a claim in damages, which is why an injunction should be sought immediately.
Can I claim against the State?
Yes. Under TMK art. 1007 the State is liable for damage arising from the keeping of the land register.