📌 The transfer of title deeds is one of the most significant processes in real estate ownership. However, in certain situations, the transfer of the deed can be canceled by a court order. Title deed cancellation lawsuits are filed to prevent the loss of rights and correct illegal transactions. Here are the most common reasons for the cancellation of a title deed:
Common Reasons for Title Deed Cancellation
✔️ Fraudulent Transactions (Concealing Property from Heirs) 📌 Transactions made with the intent of hiding property from heirs can be canceled. For example, if a property is transferred to one of the heirs or a third party at a low price, other heirs can apply to the court for cancellation.
✔️ Mistake or Deception (Fraud and Misleading Information) 📌 If misleading information is provided or a person is deceived during the title deed transaction, the transfer may be invalidated. For example, sales made with false information about the value or characteristics of the property can be legally canceled.
✔️ Forgery (Use of Fake Documents or Power of Attorney) 📌 If fake power of attorney or documents are used during the title deed transfer, cancellation is possible. Forgery is often seen in fraud cases.
✔️ Family Residence Annotation (Transfers Without Spouse’s Consent) 📌 A residence used within a marriage is considered a “family residence.” If there is a family residence annotation in the title deed, one spouse cannot transfer the property without the other’s consent. Otherwise, the sale can be canceled.
✔️ Invalid or Irregular Contracts 📌 Real estate transactions must be made officially. Sales promise agreements made without notary approval are invalid for title deed transfers and can be subject to cancellation.
What Should Be Done for Title Deed Cancellation?
📌 To request the cancellation of a title deed, a lawsuit must be filed at the Civil Court of First Instance. The plaintiff must prove that the title deed registration is illegal and submit the necessary documents to the court. Expert reports and witness statements can play an important role during the legal process.
✅ Conclusion: The transfer of title deeds is not always reversible, but if the legal reasons mentioned above exist, it can be canceled through the court. If you encounter an unjust situation regarding the title deed procedures of a property, it’s important to consult a lawyer and initiate the legal process.
