The acquisition of immovable property is an important issue in Turkish law and certain legal procedures must be fulfilled for the validity of this acquisition. According to the Turkish Civil Code, the transfer of immovable property is made possible through registration in the land registry. However, the legal basis and documents of this registration in the land registry are of great importance in terms of the legality of the transaction. In particular, registration transactions carried out with forged documents fall within the scope of corrupt registration as they are unlawful, and this situation gives rise to the need to protect the real right holder of the immovable property. At this point, title deed cancellation and registration lawsuits come into play, and it is ensured that the registrations made with forged documents are canceled and the ownership is returned to the rightful owner.
Compliance with the Law and the Problem of Corrupt Registration in the Acquisition of Immovable Property
According to the Turkish legal system, as a basic rule, the ownership of immovable property is acquired through registration in the land registry. This is clearly stated in Article 4721 of the Turkish Civil Code. However, in order for the immovable to be acquired in accordance with the law, it is not enough to register the immovable; at the same time, this registration must have a legal basis and this basis must be regulated in accordance with the law. The realization of the registration in the title deed with forged documents results in a lack of legal grounds, and in this case, a lawful acquisition is not realized.
At this point, deed cancellation and registration lawsuits are important legal tools that come into play to protect the rights of real right holders. In the face of unlawful registration transactions, the aggrieved party may request the transfer of the immovable property to itself by filing a deed cancellation and registration lawsuit. These lawsuits are a common legal issue, especially in cases of fraudulent registrations carried out with the use of forged documents. When a deed cancellation lawsuit is filed, it is possible to cancel the transactions made with forged documents and to register the immovable property in the name of the real right holder.
Transfers of Immovable Real Estate with Forged Documents
In practice, the transfer of immovable properties with forged documents is a very common situation. These transactions with forged documents mostly occur when unauthorized persons make unlawful disposals on immovable properties. Among such transactions, transfer of immovable property with forged power of attorney, transfer using forged identity cards and transfer of immovable property with forged certificate of inheritance come to the forefront. Since registration transactions made with forged documents are not considered legally valid, the concept of corrupt registration comes into play in this case.
When a power of attorney is used for the transfer of an immovable property, this power of attorney must be issued in accordance with the law and in a valid manner. Otherwise, the transaction is deemed unlawful. Similarly, when a transfer of immovable property is requested based on an inheritance certificate, this document must also be duly issued. In cases where forged documents are used, the relevant title deed transaction is considered as an irregular registration and this registration may be annulled.
The right holder, who is victimized by the use of forged documents, may request the cancellation of this registration and re-registration of the immovable property in his/her name by filing a deed cancellation and registration lawsuit. What is important here is that, in accordance with the principle of the reliability of the land registry, transactions based on forged documents are unlawful. In such a case, even the acquisition of the record in the land registry by third parties in good faith does not render the transaction valid.
This situation is clearly stated in the decisions of the General Assembly of Civil Chambers of the Court of Cassation. According to the decision, the good faith of the buyers in transactions made with forged documents does not ensure the validity of these transactions, which are legally null and void. Therefore, it is decided to cancel the title deed registration.
The Status of the Good Samaritan Who Acquired the Real Estate with a Forged Document
In real estate transfers realized by using forged documents, even if the transferee is in good faith, the illegality does not disappear. Although Article 1023 of the Turkish Civil Code protects third parties who transfer real estate in good faith by relying on the land registry, this protection is not valid in a registration based on a forged document. In transfers made with forged documents, even if the transferee is in good faith, the immovable property must be returned to the real right holder.
The situation is different if the bona fide person sells the immovable to another person after taking over the immovable. The person who acquired the immovable with a forged document may have acquired the immovable without being aware of the forged document, but when this person later transfers the immovable to another bona fide person, the acquisition of this third person who acquired the immovable by relying on the land registry is protected. In other words, while the liability of the person who first transferred the immovable property with a forged document continues, the property rights of subsequent bona fide purchasers are protected. At this point, it is possible to hold the person who transfers the immovable property with a forged document liable to the real right holder of the immovable property through a deed cancellation and registration lawsuit. However, in the event that the good faith person who transfers the immovable property later transfers the immovable property, the deed cancellation and registration lawsuit cannot be filed against the new buyer.
In such cases, the person who transfers the immovable property with a forged document may file a lawsuit for compensation against the person who made the transaction using the forged document if he/she suffers damages. Therefore, in the case of the transfer of the immovable to the real right holder in registration transactions made with forged documents, the good faith transferee is liable; however, the right of legal recourse is granted to these persons in order to compensate their damages.
State's Liability for Transfer with Forged Documents and Application Processes to the Court
Article 1007 of the Turkish Civil Code clearly states that the state is responsible for damages arising from the maintenance of the land registry. In this context, in the transfer of immovable property with a forged document, the state may be held liable if the land registry is kept incorrectly. In particular, the state's liability arises if the land registry officer fails to exercise due care and attention despite being in a position to recognize the forged document.
It is the obligation of the land registry officer to recognize forged documents. The decisions of the Court of Cassation also shed light on this situation. If the forged documents are clearly forged or if the title deed officer is in a position to recognize this situation by examining the document, it is possible to file a compensation lawsuit against the state. The state is held liable for the damage caused by the incorrect keeping of the land registry and the injured party may claim compensation from the state within the scope of this responsibility.
Competent and Authorized Court
In deed cancellation and registration cases based on forged documents, the competent court is the Civil Court of First Instance. Since such lawsuits are related to the immovable property, the court where the immovable property is located is the court of final jurisdiction pursuant to Article 12 of the Code of Civil Procedure. In other words, an application cannot be made to a court other than where the immovable is located.
In cases related to the responsibility of the state, the Civil Court of First Instance will be in charge, but the competent court will be the court where the land registry is located. In this case, the aggrieved party may apply to the court where the immovable property is located and request cancellation and registration of the title deed.
Statute of Limitations and Limitation Periods
There is no statute of limitations or prescription period in cases of fraudulent registration based on forged documents. In other words, the real right owner of the immovable property can always demand the cancellation of the fraudulent registration and the registration of the immovable property in his name. However, there may be statute of limitations in contractual title deed cancellation cases. At this point, the legal ground on which the lawsuit is based is important. In cases based on fraudulent registration, there is no statute of limitations, nor is there a grace period.
Consequences of Fraudulent Registration with Forged Documents and Legal Protection Methods
Unlawful transactions that may arise during the acquisition of immovable property can be eliminated through title deed cancellation and registration lawsuits. Fraudulent registration transactions carried out with forged documents both victimizes the real rightful owner of the immovable property and undermines the reliability of the immovable property registry. In such cases, there are legal remedies to protect the legal rights of the aggrieved party and recover the immovable property. In addition, it should not be forgotten that the state is also responsible for the damages arising from the incorrect maintenance of the land registry. Therefore, it is of utmost importance to be careful during title deed transactions and to scrutinize the validity of the documents meticulously in order to prevent possible disputes and loss of rights.