Request For Return Of Expropriated Real Estate Due To Use Contrary To Purpose - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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Request For Return Of Expropriated Real Estate Due To Use Contrary To Purpose

16 May Request For Return Of Expropriated Real Estate Due To Use Contrary To Purpose

Posted at 23:31h in General by
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JUDGE OF THE COURT OF FIRST INSTANCE

PLAINTIFF :

TC IDENTIFICATION NUMBER :

ADDRESS :

Deputy :

(Legal representatives of the parties, if any)

ADDRESS :

(Legal representatives of the parties, if any)

DEFENDANT :

Address :

Subject: it consists of asking for The Return of the expropriated Real Estate due to use contrary to the purpose.

INSTRUCTIONS :

1 -) the subject of the lawsuit 52 block 5 parcels are registered in the name of the client in the real estate deed, while the General Directorate of Foundations is registered by the decision of the Assembly of foundations … / … / … (Annex-1) B…. Agha C…. A…. From the foundation f….. n…. O…. A…. (P….) in order to fully reveal the appearance of the madrasa, to prevent damage from the environment and to restore the structure to its original state within the historical environment, it was expropriated for the purpose of rebuilding and restoring environmental buildings in accordance with the original.

2 -) the difference in the price decided in the case of increasing the price filed by the client against the defendant’s administration and finalized on the date of … / … / … (Annex-2) is still in the jurisdiction of the defendant’s administration.

3-) immovable …/…/… respondent with the finalization of the administrative de facto expropriation in the history of the price of the hand …/…/… for the purpose of the no operation within five years of the date of the expropriation and do not have the facilities, real estate generate income by renting it out while leaving intact the land the building in the bottom floor of a barber shop as filed with the spouse of the client that uses it against prompt, adequate payment (Appendix 3) and the second floor of a tourism company is also currently has under the lease.

4 -) 23 of the expropriation law No. 2942. item “within five years from the date of finalisation of the price of expropriation, nationalization by the administration in accordance with the fourth paragraph of Article 22, or the transfer or allocation made by the administration; or the installation is not performed for the purpose of expropriation and transfer or any operation are allocated to the benefit of the public and thus a demand for immovable property is left as it is if the owner of the goods by paying with legal interest from the day they receive compensation or heirs to process its immovable property and take it back.”contains the provision. The circumstances contained in the article occurred in the case of the case.

5 -) for the reasons we have explained, it is necessary to file a lawsuit to ensure that the real estate is registered in the title deed on behalf of the client with the cancellation of the title deed registration on behalf of the administration of the real estate in question in accordance with the procedures and principles set out in the law.

Legal reasons: 2942 P. K. m. 23.

Legal evidence: 1 -) General Directorate of foundations decision of the foundation Assembly …/…/…

2 -) … / … / …

3 -) a lawsuit filed against the client’s wife with the request of ecrimisil

4 -) Expert Examination

5 -) Discovery

Conclusion and claim : since TL is not collected from the defendant administration, this amount is excluded from the calculation, the client is initially paid … TL is returned to the defendant along with legal interest from the date of payment, the property subject to the lawsuit is returned from the defendant administration to cancel the registration of the title deed and re-registration on behalf of the client; we respectfully request on behalf of our client that the client decide to deduct the court costs that he initially made and the income that the defendant administration received outside the purpose of expropriation, and accordingly determine the amount, trial costs and attorney fees to be charged to the counterparty. …/ …/ …

Annexes: 1 -) General Directorate of foundations decision of the Council of foundations …/…/…

2 -) … / … / …

3 -) a lawsuit filed against the client’s wife with the request of ecrimisil

Acting Plaintiff

Lawyer

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