Antalya is one of the provinces in Türkiye where real estate transactions are carried out most intensively. Due to investments by domestic and foreign investors, inheritances (transfer by succession), sales, donations and flat-for-land construction contracts, title deed procedures and title deed cancellation–registration lawsuits are among the most frequently encountered areas of legal dispute in Antalya.
In this guide;
✔ How title deed procedures are carried out in Antalya,
✔ In which situations a title deed cancellation–registration lawsuit can be filed,
✔ Processes, costs, competent courts,
✔ The most common mistakes and the importance of lawyer support
are discussed in detail and in an up-to-date manner.
Title deed procedures are official transactions carried out before the Title Deed and Cadastre Directorates regarding the acquisition, transfer or modification of ownership of an immovable property.
The most common title deed procedures carried out in Antalya are as follows:
• Transfer of title deed through sale
• Transfer of title deed through inheritance (succession / probate)
• Donation (gift) procedures
• Establishment of condominium easement – establishment of condominium ownership
• Establishment or release of a mortgage
• Acquisition of title deeds by foreigners
Title deed sale transactions in Antalya are an official legal transaction carried out before the Antalya Title Deed Directorates affiliated with the General Directorate of Land Registry and Cadastre, and they are strictly subject to formal requirements. For a title deed sale to be legally valid, it is not sufficient for the parties merely to agree; the transaction must be completed in accordance with the procedure stipulated by law.
Even a minor mistake made in practice may, in the following years, lead to the filing of a title deed cancellation and registration lawsuit, the imposition of a high amount of tax penalties, or criminal liability for the parties.
A title deed sale is a contract subject to official form pursuant to the Turkish Civil Code. The sale transaction is not valid unless it is carried out before the land registry officer at the land registry directorate. Sales promise agreements executed at a notary public or written agreements made between the parties do not, by themselves, transfer ownership. For this reason, every title deed sale carried out in Antalya is, legally, a serious transaction that directly affects the transfer of the right of ownership.
The documents requested from the parties in Antalya title deed sale transactions may vary depending on the nature of the immovable property and the status of the parties; however, in practice, the submission of certain documents is mandatory as a standard.
First, the seller must submit the title deed of the immovable property. This document is the fundamental instrument proving the seller’s ownership right. No transaction can be carried out without valid identification documents of the buyer and the seller. It is mandatory for identity information to be verified through MERNİS.
In title deed sales, Compulsory Earthquake Insurance (DASK) is also of great importance. In a province like Antalya where there is earthquake risk, sale transactions for residences cannot be carried out without a valid DASK policy. The policy must be current and consistent with the immovable property information.
The municipal fair value certificate (rayiç bedel belgesi) shows the value of the immovable property based on the real estate tax. Title deed fees are calculated not less than this value. Incorrect or incomplete declaration of the fair value may lead to serious tax disputes in the future.
Receipts regarding the title deed fee and revolving fund fee paid during the sale transaction must also be included in the file. Title deed transfer cannot be carried out without payment of these fees.
If one of the parties will not carry out the transaction in person, a notary-certified power of attorney must be submitted. The power of attorney must explicitly include the authority to sell at the land registry. A significant portion of title deed cancellation lawsuits in Antalya are filed due to incomplete or forged powers of attorney.
• Title deed (tapu) document
• Identification documents
• Compulsory Earthquake Insurance (DASK)
• Municipal fair value (rayiç bedel) certificate
• Receipts for title deed fee and revolving fund fee
• Power of attorney, if any
• 2% title deed fee separately from the buyer and the seller
• Revolving fund fee
A significant portion of title deed cancellation and registration lawsuits in Antalya arises from declaring the sale price in a manner contrary to reality and lower than the actual value. In particular, allegations of evasion of inheritance rights, collusion (muvazaa) or gross disparity (gabin) come to the fore at this point.
If the sale price is declared far below the real value;
• A tax loss penalty may be imposed under the Tax Procedure Law,
• Collection of the missing fee together with interest may be pursued,
• An excessively low price may serve as a basis for an allegation of collusion (muvazaa) or gross disparity (gabin),
• In some cases, criminal liability may come to the agenda.
In Court of Cassation practice, especially in cases between heirs, the sale price being clearly below the market value may be regarded as a presumption of a collusive transaction (muvazaa).
Antalya is one of the provinces where immovable property is sold to foreigners most frequently.
Special risks for foreigners:
• Restrictions related to military forbidden zones
• Sale through forged power of attorney
• Missing or incorrect valuation report
• Non-compliance with MASAK
• Missing foreign currency exchange (conversion) certificate
For this reason, it is of vital importance for foreigners to carry out title deed procedures in Antalya with a lawyer specialized in real estate law.
A title deed cancellation and registration lawsuit is a lawsuit filed due to the ownership record appearing in the land registry being based on a legally invalid or unlawful transaction, in order to cancel this record and register the immovable property in the name of the real right holder. This lawsuit is, in fact, not merely a “correction of a title deed record”; it often means the restitution of the right of ownership. Because even though the title deed record may appear “correct” from the outside, the underlying transaction may be forged, fraudulent, collusive or made by a person lacking capacity. Title deed cancellation–registration lawsuits can have very significant economic consequences depending on the value and nature of the immovable property. In provinces like Antalya where the real estate market is dynamic, these lawsuits are not merely “record corrections”; they often mean ownership disputes worth millions of Turkish Lira. In other words, a title deed cancellation and registration lawsuit is a lawsuit filed for the purpose of cancelling a title deed record made unlawfully and registering the immovable property in the name of the real right holder.
The purpose of a title deed cancellation and registration lawsuit is to eliminate the title deed record produced by a defective/flawed transaction and to return the immovable property to its right holder. That is, the lawsuit is based on the principle that the land registry is “public” and “secure”; however, the security of the registry is not a shield for unlawful transactions.
For example;
• If a sale has been made through a forged power of attorney,
• If transfer has been obtained by deceiving an elderly/incapacitated person,
• If a collusive sale has been made for the purpose of evading heirs,
even if the title deed record appears correct, it is legally defective. This defect is remedied through a cancellation–registration lawsuit.
This lawsuit is not a “single-type” lawsuit; as the legal ground on which it is based changes, the method of proof, time limits and the likelihood of success also change. The most common grounds in Antalya are as follows:
a) Collusion (muvazaa) (collusive transaction / evasion of inheritance rights)
Especially in intra-family transfers, transactions that are shown as “sales” but are in fact donations may be annulled upon lawsuit by heirs. In Antalya, inheritance-based title deed cancellation lawsuits are very common.
b) Forged power of attorney or unauthorized representation
If an immovable property has been sold with a forged power of attorney issued in someone’s name, the title deed transfer is, as a rule, not valid; the real owner may request cancellation of the title deed record.
c) Fraud (deceit) and defects of consent
If the seller has acted by being deceived, threatened or in error, the transaction may be subject to annulment due to “defect of consent”.
d) Incapacity (lack of discernment)
If the person lacked discernment at the time of the sale (e.g., severe dementia, advanced psychiatric illness, loss of consciousness, etc.), the transaction may be deemed invalid from the outset.
e) Gross disparity (gabin) (taking excessive advantage – sale at a very low price)
Transfer of the immovable property at a price far below the market value may not always, by itself, be a ground for annulment; however, if the conditions exist, it may serve as a basis for an allegation of gross disparity.
f) Cadastre / registration errors (boundary, parcel, share errors, etc.)
Errors arising from cadastre works or registration procedures may also be subject to a cancellation–registration lawsuit. (In such files, technical expert examination becomes critical.)
The general rule in title deed cancellation–registration lawsuits is as follows:
• Competent Court: Mostly the Civil Court of First Instance (Asliye Hukuk Mahkemesi)
• Authorized Court: The court of the place where the immovable property is located (exclusive jurisdiction)
In other words, whichever district the immovable property is located in—such as Konyaaltı, Kepez, Muratpaşa, Alanya, Manavgat—the lawsuit is filed before the relevant Civil Courts of First Instance in Antalya.
Note: In certain subtypes of title deed cancellation lawsuits (e.g., those arising from family law or dependent on special statutes), disputes regarding jurisdiction may arise. For this reason, the legal characterization must be made correctly before filing the lawsuit.
The most critical technical issue in title deed cancellation–registration lawsuits is “proper joinder of parties”. Filing the lawsuit against the wrong person may cause the lawsuit to be dismissed or to be prolonged for years.
Generally:
• Plaintiff: The real right holder (owner, heir, right holder)
• Defendant: The person appearing as the owner in the land registry and often subsequent purchasers (in a chain, if the immovable property has changed hands)
If the immovable property has been transferred multiple times, against whom the lawsuit should be filed (especially the issue of “good-faith third party”) determines the fate of the file.
In a title deed cancellation–registration lawsuit, the court is generally requested to decide as follows:
In some files, if it is not possible to recover the immovable property (e.g., if it has passed to a good-faith third party), compensation claims may also come to the agenda. However, this part varies depending on the legal ground and the specifics of the case.
These lawsuits are carried out with the trio of “documents + the ordinary course of life + expert report”.
Frequently used evidence:
• Land registry records, official deed, transaction file
• Bank receipts / payment records (was the sale price really paid?)
• Witness statements (especially in collusion/fraud files)
• Notary records and the original power of attorney
• Forensic medicine / medical reports (in incapacity allegations)
• On-site inspection and expert reports (gross disparity, boundary/parcel disputes, etc.)
Title deed cancellation–registration lawsuits in Antalya may take a long time due to on-site inspections, expert examinations, witnesses, correspondence with institutions and appeal processes. Depending on the type of the file, the average duration varies within a wide range. The main factor determining the duration is the legal ground of the lawsuit and the density of evidence.
The most frequently encountered grounds for lawsuits:
Collusion is the most common ground for title deed cancellation and registration lawsuits. Due to the intensity of intra-family transfers and inheritance disputes in Antalya, lawsuits based on collusion are very frequently encountered in practice.
Collusion means that the parties, in order to deceive third persons, present a transaction that does not correspond to their true intent as if it were another transaction at the land registry. The most typical example is showing a transaction as a sale in the land registry although it is in fact a donation.
In inheritance law, this situation most commonly appears as “muris collusion”. The deceased transfers an immovable property to one of the heirs or to a third person in order to favor one or more heirs; however, he/she shows this not as a donation but as a sale. In this case, the other heirs may file a title deed cancellation–registration lawsuit.
When courts evaluate the allegation of collusion, they assess together;
• Whether the sale price was actually paid,
• The ratio of the price to the market value,
• The economic situation of the deceased,
• Intra-family relationships and the ordinary course of life.
In Antalya practice, the price not being paid at all or remaining symbolic is one of the strongest indications of collusion.
In Antalya, especially in sales made on behalf of foreigners, owners living outside the city, and elderly persons, title deed cancellation lawsuits arising from forged powers of attorney are frequently encountered.
If an immovable property is sold with a forged power of attorney issued in the name of the owner, this sale transaction is not legally valid. Likewise, even if there is a genuine power of attorney, transactions carried out by the attorney exceeding his/her authority are also considered within the scope of unauthorized representation.
In such lawsuits, the following situations are generally in question:
• The signature in the power of attorney being forged,
• The power of attorney being prepared retroactively or by fraud,
• The attorney transferring the immovable property despite lacking authority to sell,
• Forgery or irregularity in notary procedures.
Courts refer to technical evidence such as handwriting/signature examination (graphology), notary records and witness statements when evaluating the allegation of a forged power of attorney. Sales made through a forged power of attorney are, as a rule, defective by absolute nullity and the title deed record is cancelled.
Fraud means that a person knowingly and intentionally misleads the other party and directs him/her to carry out a legal transaction. In Antalya, cases where elderly persons, illiterate persons or persons with limited legal knowledge transfer their immovable properties through misleading statements are frequently encountered.
In title deed cancellation–registration lawsuits based on fraud allegations;
• Providing false information to the seller about the nature or value of the immovable property,
• Deceiving the seller with the promise that the sale price will be paid,
• Misrepresenting the content of the transaction (for example, saying “mortgage” but carrying out a “sale”)
are prominent.
Fraud is one of the defects of consent and the burden of proof lies with the plaintiff. However, in Antalya practice, witness statements and the manner in which events unfold are of great importance in revealing the existence of fraud.
Gross disparity means that one party creates a clear disproportion between performances by taking advantage of the other party’s distress, inexperience or thoughtlessness. Selling the immovable property at a very low price compared to its market value constitutes the basis of the gross disparity allegation.
However, it should be emphasized that not every low-priced sale constitutes gross disparity. The court evaluates together;
• The economic or psychological situation the seller was in,
• The market conditions at the time of sale,
• The balance of knowledge and power between the parties.
In Antalya, particularly cases where persons in urgent need of cash sell immovable properties far below their value are subject to gross disparity allegations. If gross disparity is accepted, the title deed record may be cancelled or price adjustment may be applied.
For a person to carry out a title deed transaction, he/she must have discernment at the time of the transaction. Sales carried out by persons whose mental health is not in place, persons with severe dementia, or persons who were unconscious at the time of the transaction are not considered legally valid.
In Antalya, in title deed cancellation lawsuits based on incapacity allegations, retrospective medical reports, hospital records and Forensic Medicine Institute reports are usually determinative. Witness statements are also an important complementary piece of evidence in these lawsuits. If incapacity is established, the title deed transaction is deemed void from the outset and registration is cancelled.
Another important group of title deed cancellation–registration lawsuits arises from errors in inheritance procedures. In Antalya, especially in immovable properties with a large number of heirs, errors made during succession transfers cause serious disputes.
In this context;
• Succession transfer procedures carried out without including all heirs in the process,
• Registrations made based on incomplete or incorrect certificate of inheritance (veraset ilamı),
• Incorrect calculation of share ratios,
• Some heirs being deliberately excluded
may require cancellation of the title deed record.
In such lawsuits, both inheritance law and land registry law are evaluated together; an incorrect legal characterization may result in dismissal of the lawsuit.
• Competent Court: Civil Court of First Instance (Asliye Hukuk Mahkemesi)
• Authorized Court: The court of the place where the immovable property is located
On average, title deed cancellation–registration lawsuits in Antalya:
• 1.5 – 3 years
• May take longer depending on the number of experts, on-site inspections and witnesses
Missing evidence and an incorrect litigation strategy significantly prolong the process.
• Land registry records
• Bank movements
• Witness statements
• Expert reports
• Notary documents
• Medical reports
• Camera recordings (in some cases)
These mistakes may lead to irreversible losses of rights.
Title deed lawsuits are lawsuits involving high monetary value and requiring technical legal knowledge. Title deed sale transactions are often perceived as “a simple signature process”, but in reality they involve high monetary values and irreversible legal consequences. In a city like Antalya where foreigners, investors and inheritance disputes are intense, title deed transactions must be subjected to legal oversight.
A title deed lawyer:
• Reviews the legality of the sale transaction,
• Identifies risks in land registry records in advance,
• Secures issues of power of attorney and price,
• Prevents future title deed cancellation lawsuits,
• Ensures the lawsuit is based on the correct legal ground,
• Eliminates statute of limitations risks,
• Manages expert and on-site inspection processes correctly,
• Effectively protects the client’s right of ownership.
Title deed disputes in Antalya are particularly intense in the following districts:
• Muratpaşa
• Kepez
• Konyaaltı
• Alanya
• Manavgat
• Serik
• Kemer
Each district’s practice and expert approach are different.
Title deed procedures and title deed cancellation–registration lawsuits in Antalya are not a simple paperwork matter; they are legal processes that lead to serious consequences. An incorrectly conducted title deed transaction may lead to lawsuits lasting for years and losses that are difficult to remedy.
For this reason:
✔ Before title deed transactions
✔ Before filing a title deed cancellation lawsuit
✔ In foreigner-related or inheritance-related immovable properties
Consulting a lawyer specialized in Antalya real estate law is the most accurate and safe way.
1. What is a title deed cancellation and registration lawsuit?
A title deed cancellation and registration lawsuit is a lawsuit filed for the purpose of cancelling a title deed record created based on an unlawful or invalid transaction and registering the immovable property in the name of the real right holder. This lawsuit is aimed at protecting the right of ownership.
2. In which court are title deed cancellation–registration lawsuits filed in Antalya?
As a rule, these lawsuits are filed in the Civil Court of First Instance (Asliye Hukuk Mahkemesi) of the place where the immovable property is located. Jurisdiction is exclusive and a lawsuit cannot be filed in another city.
3. Who can file a title deed cancellation lawsuit?
The real owner, heirs, persons whose right has been violated, or interested persons who have a legal interest can file a title deed cancellation–registration lawsuit. The right to file a lawsuit may vary depending on the legal ground.
4. Is there a time limit for filing a title deed cancellation lawsuit?
The statute of limitations period varies depending on the legal ground of the lawsuit. While statute of limitations is not applied in some cases such as collusion and incapacity, there are time limitations in situations such as fraud and gross disparity.
5. Is the title deed cancelled if the sale price is declared low?
A low price alone is not sufficient for title deed cancellation. However, if the sale price being excessively low is evaluated together with allegations of collusion, gross disparity or fraud, it may lead to title deed cancellation.
6. Is a title deed sale carried out with a forged power of attorney valid?
No. Sales based on a forged power of attorney are legally invalid. The real owner may file a title deed cancellation and registration lawsuit to recover his/her immovable property.
7. Is evasion of heirs a ground for title deed cancellation?
Yes. Collusive sales (muris collusion) carried out by the deceased for the purpose of evading heirs may be subject to a title deed cancellation–registration lawsuit.
8. How long does a title deed cancellation lawsuit take?
In Antalya, title deed cancellation–registration lawsuits generally conclude within 1.5 – 3 years, depending on the nature of the file, expert examinations and on-site inspection processes.
9. What happens if the immovable property is sold during the title deed cancellation lawsuit?
If the immovable property is sold to a third party after the lawsuit is filed, whether the new purchaser is in good faith is examined. Good-faith third parties may be protected in some cases.
10. Which evidence is important in a title deed cancellation lawsuit?
Land registry records, bank receipts, witness statements, medical reports, notary records, expert reports and on-site inspection minutes are the most important evidence in these lawsuits.
11. Is the title deed sale carried out by an incapacitated person cancelled?
Yes. Transactions carried out by a person who lacked discernment at the time of the sale are invalid. This can be proven through medical reports and forensic examination.
12. Can title deed transactions carried out by foreigners in Antalya be cancelled?
Yes. Title deed transactions carried out by foreigners may also be cancelled if there is unlawfulness. Forged power of attorney, missing authorization, or fraud are examples.
13. What happens if the title deed cancellation lawsuit is won?
The court decides to cancel the title deed record and to register the immovable property in the name of the plaintiff. When the decision becomes final, the land registry is corrected accordingly.
14. Is it mandatory to work with a lawyer in a title deed cancellation lawsuit?
It is not mandatory; however, since title deed cancellation–registration lawsuits are technical and complex, conducting them with an expert title deed lawyer significantly reduces the risk of loss of rights.
15. Is it necessary to consult a lawyer before title deed transactions in Antalya?
Absolutely yes. Legal review to be carried out before title deed transactions prevents future title deed cancellation lawsuits and serious financial losses.
