Categories: General

Request For The Cancellation Of The Land Registration Made By Deceased

T.C SUPREME COURT 16.Legal Department Basis: 2016 / 14588 Decision: 2020 / 488 Decision Date: 17.02.2020

SUPREME COURT DECISION

COURT :COURT OF FIRST INSTANCE

As a result of the case between the parties, the decision given by the Supreme Court was requested to be examined; it was understood that the appeal request was in duration, the review report and the documents in the file were read, the requirement was discussed:

As a result of the cadastre, …,… 101 blocks 12, 102 blocks 1, 5, 21, 103 blocks7, 10, 105 blocks 2, 7 and 106 blocks 77 parcel number…,…, … 16,386, 18 square meters of real estate, due to the statute of limitations, some of it was identified and registered in the name of the defendants ‘ murisi … with a share of the future. The plaintiff Treasury filed a lawsuit on behalf of the defendant with the cancellation of the title deed registration of contested real estate and the request for registration on behalf of the Treasury, claiming that the real estate identified and registered on behalf of the defendant was more than 100 acres. At the end of the trial by the court, the case was decided to be dismissed; the sentence was appealed by the acting Treasury of the plaintiff. According to the content of the file, the evidence on which the decision is based, the necessary reasons in accordance with the law, the absence of a hit in the evaluation of the evidence, the rejection of Appeals that are not in place, the approval of the provision that is in accordance with the procedure and the law, since the Treasury is exempt from fees, there is no place to receive fees, a unanimous decision was made on 17.02.2020, with the way to correct the decision open within 15 days of the notification of the decision when the legal conditions were realized.

Aşıkoğlu Law Office

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