What is a Deed Sale? Its Legal Nature and Validity

A title deed sale is an official transfer transaction made from the owner of a real estate to another person at the land registry office. According to the Turkish Civil Code, in order for a valid title deed sale to be made, the transaction must be made officially , that is, at the land registry office. Otherwise, sales made between the parties are only ordinary contracts and do not have legal consequences.

Validity Conditions in Title Deed Transactions

In order for a title deed sale to be considered valid, the following conditions are required:

  • The parties must have the power to distinguish

  • The sale is made at the land registry office.

  • Freedom of expression of will

  • The real estate is registered in the land registry office

Title Deed Transaction Process in Antalya

In Antalya, title deed transactions are carried out by the Land Registry and Cadastre Directorate . Since it is a metropolitan city, transactions are generally carried out with an appointment system. Applications can be made via e-Government or directly to the directorates. During title deed transactions, both the buyer and the seller must be present and be at the directorate at the appointment time with their identity documents.

What Does Sale Cancellation Mean?

Cancellation of a sale in the land registry means that a previous real estate sale transaction is rendered invalid by a court decision . This transaction results in the transfer being removed from the land registry records and being re-registered in the name of the previous owner.

Legal Definition

According to the Turkish Civil Code, cancellation of title deed is the change of title deed record as a result of a lawsuit filed to eliminate an unlawful situation.

Common Reasons for Cancellation

  • Fraud, coercion or threats

  • Incompetence (mental illness, minor)

  • Conducting transactions with a fake power of attorney

  • The seller does not have the authority to dispose of the real estate.

  • Hidden defect and deception

Situations in which a Deed Sale Can Be Cancelled

Deed cancellation is not possible in every situation. If there are certain legal reasons, the court may request the cancellation of the sale. Let's examine the most common reasons:

Sales Made Under Fraud, Pressure or Threat

If one of the parties has effected the sale by influencing the free will of the other, this transaction can be cancelled. It is a common situation for elderly or psychologically ill individuals to be deceived.

Defective Goods or Latent Defects

If there are serious defects in the real estate sold that are unknown to the buyer but known to the seller, a lawsuit for annulment can be filed. For example, if there is a decision that the building is uninhabitable and the buyer is not informed about this, the sale can be annulled.

Incompetence (Mental Disability, Age, etc.)

If the seller is mentally unstable or lacks legal capacity due to being a minor, the sale is invalid.

Sales by Unauthorized Persons

In sales made through power of attorney, if the attorney has no authority or a fake power of attorney is used, a cancellation request is possible.

Things to Consider When Cancelling a Deed Sale in Antalya

Title deed cancellation cases in Antalya are especially common in regions such as Alanya, Muratpaşa, and Kepez . Because many sales are made to foreigners in these districts and sometimes errors occur in transactions.

Local Procedures in Land Registry Offices

Antalya Land Registry Offices do not accept cancellation requests directly. However, action is taken in accordance with the court decision. In order to speed up the process in Antalya, it is recommended to apply through a lawyer.

Local Court Practices and Jurisprudence

In Antalya courts, especially fake transactions between heirs are frequently cancelled. These practices, which are also supported by the Supreme Court decisions, set a precedent in the cases in Antalya.

Methods to Apply for Cancellation

It is usually necessary to apply to the court for the cancellation of the sale in the land registry. However, alternative methods can be used before the lawsuit:

Sending a Notary Notice

If it is thought that the seller or buyer has committed an unlawful act, a warning letter can be sent through a notary. This will serve as evidence in court.

Filing a Lawsuit in the Civil Courts of Peace or First Instance

The case is filed in the civil court of first instance or the civil court of peace , depending on the reason for the sale. The civil courts of first instance are generally competent. In Antalya, such cases are usually heard by the 3rd Civil Court of First Instance in the Antalya Courthouse.

How to File a Deed Sale Cancellation Case?

When you want to file a lawsuit to cancel the sale of a real estate in Antalya, certain steps must be followed. This process requires attention in both legal and technical aspects.

How to Write a Petition?

The petition must include the following elements:

  • Identity information of the plaintiff and defendant

  • Full address and title deed information of the real estate

  • Reason for cancellation and evidence supporting this claim

  • Legal bases (e.g. relevant articles of the Turkish Civil Code)

In Antalya, many cases can be rejected due to deficiencies in the petitions. Therefore, it is important to get professional support.

Competent and Authorized Court

The court in charge of title deed cancellation cases is usually the civil court of first instance . The competent court is the court where the real estate is located. For example; if the real estate is in Kepez district, the Kepez Civil Court of First Instance is authorized.

Fee and Expense Calculation

When filing a lawsuit:

  • Application fee

  • Attorney fees (with lawyer if any)

  • Proportional fee according to the value of the case

  • Expert and discovery expenses

In an average case, an initial fee of 1,500 – 3,500 TL is incurred.

How Does the Title Deed Cancellation Case Process Work in Antalya?

The court process in Antalya is slightly higher than the Turkish average due to the intensity. However, the process can be accelerated with local lawyers and strong evidence.

Average Case Duration

A title deed cancellation case is concluded in Antalya in an average of 9 to 18 months . However, factors such as the objection of the other party and expert reports may extend the period.

Applications Specific to Antalya Courthouse

Antalya Courthouse postpones some cases due to the increasing caseload, especially in the summer months. Documents can be tracked electronically. In addition, some courts in Antalya may offer a conciliation proposal.

Documents Required for Deed Sale Cancellation

Before filing a lawsuit, it is essential to prepare documents that will serve as evidence:

Title Deed Photocopy

The current title deed record or photocopy of the deed of the real estate subject to sale is the basis of the case.

Identity, Power of Attorney, Contract Documents

Identity documents of the parties, notary powers of attorney, if any, and contract samples must be submitted.

Documents That Can Be Presented As Evidence

  • Bank statements

  • Health reports (for incapacity claims)

  • Witness statements

  • Real estate listings or appraisal reports

What Happens When a Deed Cancellation Case Is Won?

If the court decides to cancel the title deed, this decision is notified to the land registry office.

Restoration of Land Registry Record

After the cancellation decision becomes final, the land registry office re-registers the property in the name of the former owner. The new registration appears as "registration by court decision".

Cancellation of Registration and Appointment of New Owner

If the real estate is transferred to another person and a lawsuit is filed against this new person, the title deed is returned directly to the old owner. Otherwise, compensation is brought to the agenda.

Statute of Limitations and Limiting Periods in Deed Cancellation Cases

Like every lawsuit, title deed cancellation is also subject to certain time limits.

Time to File a Lawsuit

  • For transactions made through fraud or threat: 1 year

  • Incapacity: No time limit, but the right of revocation may end with death.

  • In general: A lawsuit must be filed within 5 years after learning of the sale.

Importance of Time Limits in Deed Cancellation

Cases that are not filed on time will be rejected . Antalya courts strictly comply with the statute of limitations.

Costs of Filing a Title Deed Cancellation Case in Antalya

Attorney Fees

According to the Antalya Bar Association, the average attorney fee for 2025 is between 12,000 – 25,000 TL in title deed cancellation cases.

Fees and Expenses

Depending on the value of the case, the costs are between 1,500 – 5,000 TL. Expert, discovery and witness costs are also added to this.

Consultancy and Expert Fees

The average fee for an expert witness in Antalya is 2,000 – 3,000 TL. Getting consultancy reduces the duration and risk of litigation.

Should You Work With a Lawyer? How Important Is Legal Support?

Title deed cancellation cases are technical and evidence-based cases. Therefore, it is recommended to work with a real estate law attorney.

Importance of Expertise in Title Deed Cases

A mistake or omission may result in the loss of the case. Expert lawyers collect the necessary documents and determine the case strategy.

Real Estate Law Experts in Antalya

Many expert law firms in Antalya provide services in this regard. When choosing a lawyer, attention should be paid to references, previous case experience and bar registration.

Frequently Asked Questions (FAQ)

What are the most common reasons for title deed cancellation in Antalya?

The most common reasons in Antalya include incompetence, fake sales to hide property from heirs, and transactions made with fake powers of attorney.

How long does it take to file a sales cancellation lawsuit?

The average trial period in Antalya varies between 12-18 months. The strength of the evidence and the attitude of the parties affect this period.

Can an annulment case be filed without a lawyer?

Yes, it is possible. However, there is a high risk of loss due to lack of legal knowledge.

Can compensation be received after the cancellation of the title deed?

Yes. A refund of the sales price or compensation for damages may be requested.

Can a correction be made to the title deed instead of cancellation?

In some cases, instead of cancellation, a lawsuit can be filed to correct the land registry record. This is shorter.

What happens if the other party files a lawsuit?

The defendant can also defend himself. If necessary, he can file a counterclaim and demand compensation.

Conclusion: Effective Roadmap for Cancellation of Sale in Antalya Land Registry

In a city with a busy and complex real estate market like Antalya, the process of canceling the sale in the title deed requires detailed preparation and strategy. Before filing a lawsuit, professional support should be obtained, documents should be prepared completely and attention should be paid to the statute of limitations. This process can be carried out successfully in Antalya with expert lawyers and precedents.