The right to property is a fundamental right guaranteed by the constitution and protects one of individuals’ most valuable assets: their real estate. Unfortunately, however, malicious individuals can transfer title deeds using fraudulent methods, such as forging signatures, which can lead to serious hardship for property owners. The risk of encountering such fraudulent acts is particularly high in cities like Antalya, which experience intense real estate activity. In this article, we will examine in detail the legal nature and consequences of title deed transfers using forged signatures, as well as the procedures available to victims for cancellation and registration of title deeds.
What is Title Deed Transfer with a Forged Signature and How Does It Happen?
A title deed transfer with a forged signature is the process of transferring a property through the land registry records using a forged signature in the name of the property owner, without their knowledge or consent. This violates the fundamental principle of property rights, “freedom of will,” and is legally null and void. A title deed transfer with a forged signature can be accomplished through various methods:
* Forging the Signature of the Owner: One of the most common methods is to forge the signature of the real estate owner in cases where he/she must sign personally at the land registry office or before a notary public during the transfer process.
* Using a Forged Power of Attorney: It’s also common for transactions to occur at the land registry office using a power of attorney that appears to be issued in the owner’s name, but is actually a forged document. In this case, the signature of the person granting the power of attorney may be forged, or the power of attorney may be entirely fabricated.
* Identity Forgery: During the title deed transfer, forgery can also be committed by using the identity information of the real estate owner and having someone else impersonate him and sign.
* Forgery to Steal Assets from Heirs: Forging the deed’s signature to transfer the property to a third party, either before or after the deed’s death, with the intention of violating the rights of the deed’s heirs, can also be considered within this scope. This is often referred to as “forged signature to steal assets from the heir” and is the subject of a title deed cancellation lawsuit.
Such transactions, despite the principle of reliability of the land registry, are absolutely null and void and have no legal validity.
Legal Consequences of Title Deed Transfer Made with a Forged Signature
A title deed transfer made with a forged signature is legally considered “null and void” or “absolutely null and void.” This means that the transaction is invalid from the moment it is made and has no legal consequences. In this case:
* Ownership Rights Are Not Transferable: While the title deed may appear to change with a forged signature, the true owner does not legally change. The true owner of the property is the owner prior to the transfer.
* Exception to the Principle of Protection of Good Faith: Article 1023 of the Turkish Civil Code provides for the protection of the acquisitions of third parties who acquire real rights in reliance on the land registry in good faith. However, in transfers made with forged signatures, because the record in the land registry lacks legal basis, such transactions generally do not protect bona fide third parties. In a transfer made with a forged signature, the transfer is invalid due to absolute nullity, and the land registry record is an illegitimate record from the outset, and the acquisitions of bona fide third parties are not protected. While the Court of Cassation may have differing precedents on this matter, the general tendency is that a forged signature voids bona fide.
* Criminal Law Aspect: Individuals who transfer title deeds with forged signatures may be prosecuted for document forgery and fraud under the Turkish Penal Code. This situation may be the subject of a separate criminal case in addition to the title deed cancellation lawsuit.
Deed Cancellation and Registration Case: Legal Process
The most effective legal remedy available to a true owner whose property rights have been usurped by a forged signature is a title deed cancellation and registration lawsuit. This lawsuit seeks to annul the illicit registration based on the forged signature and to re-register the property in the true owner’s name.
Parties to the Case and the Burden of Proof
* Plaintiff: The real owner of the real estate or his heirs (heirs in cases of forged signatures or the theft of property from the heir).
* Defendant: The person who acquired the real estate with a forged signature, and if the real estate was later transferred to third parties, these third parties should also be shown as defendants.
* Burden of Proof: As a general rule, the burden of proof in a title deed cancellation case rests with the plaintiff. The plaintiff must prove with concrete evidence that the signature used in the title deed transfer was forged or that the power of attorney is invalid.
Competent and Authorized Court
* Competent Court: Since title deed cancellation and registration cases are cases regarding the real property, the court responsible for handling these cases is the Civil Courts of First Instance.
* Jurisdiction: The jurisdiction is the court where the property is located. Therefore, any lawsuit for title deed transfer or cancellation involving a forged signature on a property located in Antalya must be filed in the Antalya Civil Courts of First Instance.
Statute of Limitations and Limitation Periods
Because title deed transfers made with forged signatures are legally null and void, there is no specific statute of limitations for such title deed cancellation lawsuits. In other words, the true owner or their heirs can file a title deed cancellation lawsuit without any time limitation, starting from the date they learn of the forgery. However, filing the lawsuit as quickly as possible is crucial for gathering evidence and facilitating proof. Delays can lead to the loss or weakening of evidence.
Collection of Evidence and Legal Review
In a deed cancellation case, identifying forged signatures is crucial. The primary evidence used in this process is as follows:
* Graphology Expert Examination: One of the most important pieces of evidence is the examination of a signature by a specialist graphologist (forensic document examiner) to determine whether it belongs to the true owner. The court will then obtain an expert report on this matter to determine if the signature is forged.
* Official Documents: Land records, notary deeds, powers of attorney and other official documents are examined in detail.
* Witness Statements: Statements from witnesses at the time the transaction was made (e.g. land registry office employees, notary employees, neighbors) may be important.
* Banking and Financial Records: If it is claimed that a payment was made in exchange for the transfer, bank records and money transfers are examined to determine whether the transaction is a real sale.
* Criminal Investigation Records: If a criminal investigation or lawsuit has been opened regarding forgery, the evidence and reports in this file can also be used in the title deed cancellation case.
Professional Legal Support in Land Registry Disputes in Antalya
Antalya, with its dynamic real estate market and ever-growing population, is a city where title deed disputes are frequently encountered. In complex and technical cases, such as forged signatures and title deed transfers, proper legal management, thorough evidence collection, and effective defense in court are crucial. The support of an experienced attorney is essential for a successful resolution of such cases.
An expert law firm will take all necessary legal steps to protect its clients’ rights, meticulously monitor the litigation process, and effectively fight to restore property rights to victims of forgery. In cases of forged signatures, the legal process may not be limited to canceling the title deed; it may also require assistance in criminal law, compensation, and other related areas. Therefore, receiving comprehensive legal counsel and representation is crucial to resolving grievances and securing justice.
Transferring title deeds using forged signatures is a serious violation of property rights, and it’s crucial for victims to pursue legal remedies. When faced with such a situation, seeking professional legal assistance promptly is crucial for preserving evidence and ensuring a smooth legal process. It’s important to remember that our legal system has mechanisms in place to protect victims’ rights against such fraudulent transactions, and that justice can be served when the right legal steps are taken.