T.C. SUPREME

1.law office

Based on: 2013/18129

Decision: 2014/4907

Date of Decision: 05.03.2014

CASE OF CANCELLATION AND REGISTRATION OF TITLE DEEDS – CHEATING – DEATH WILL END THE PERSONALITY – THE REAL ESTATE MUST BE REGISTERED IN THE NAME OF THE PLAINTIFF’S HEIRS AT THE RATE OF THEIR SHARE IN THE INHERITANCE

ABSTRACT: Considering that the personality will end with death, the real estate must be registered in the name of the plaintiff’s heirs at the rate of their share in the inheritance.

(4721 Pp. K. m. 28) (818 P. K. m. 28) (6098 p. K. m. 36)

Case: In a dec between the parties;

The plaintiff, born in 1933, is elderly and in need of care, wants to provide his real estate numbered 190 ada 5, 192 ada 8, 198 ada 2, 199 ada 1, 5 and 7 parcels, which he owns, to the defendant who is his neighbor with the right to care until he dies, but the deed was executed in the form of sale with the defendant’s trick, no price was paid, and the defendant did not take care of him for a while and did not take care of him later with the cancellation of the title record he asked to be registered in his name; One of his heirs died during the trial. he has represented himself by proxy; the other heir is D. however, he waived the case; a representative was appointed to the decency in accordance with the interim decision of the court.

The defendant stated that the sale was real and defended the rejection of the case.

The court decided to accept the case on the grounds that the claim is fixed.

The decision was appealed during the time of the defendant’s proxy, but the report of the Examining Judge Barış Bülbül was read. His thought was taken away. The file has been reviewed. It was discussed and considered as necessary.

Kara: The case is related to the request to cancel and register the title deed based on the legal reason for the cheating.

The court has decided to accept the case.

There is no mistake that the case was accepted by determining that the assignment process for the real estate subject to the case was carried out fraudulently with the contents of the file and the evidence collected. The defendant’s attorney’s appeals against this direction are not in place, they are rejected.

Conclusion: However, TMK’s 28. although it is not true that a registration decision has been made about a dead person without regard to the fact that the personality will end with death in accordance with Article 2 of the provision, since this issue does not require a retrial, the provision does not require. “… muris H. A. A. These immovable properties are returned to their original owners. his son was born on 10.04.1933. A. for the registration and registration of the title deed separately on behalf of the” removal of the relevant phrase from the provision, instead of “Plaintiff H. A.”registration of shares in the inheritance in the name of the heirs at the rate of”, with the acceptance of appeals by the defendant’s attorney in this direction to the temporary 3 of HMK No. 6100. according to Article 438/7 of HUMK No. 1086. in accordance with the article, it was unanimously decided on 05.03.2014 that the provision would be CORRECTED and APPROVED in this way, and that the advance payment received would be returned to the appellant.

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