Who can file a muris muvazaası action?

Heirs harmed by a gift that the deceased disguised as a sale to deprive them of assets may file it; the decision of the Court of Cassation's Grand General Assembly on the Unification of Judgments dated 1 April 1974, No. 1/2 underlies this action. In practice, each heir seeks cancellation and registration in proportion to their inheritance share. The action is filed at the civil court of first instance where the property is located (HMK Article 12(1)).

What happens if the person who bought the property acted in good faith?

Under TMK Article 1023, the acquisition of a third party who acquired ownership relying in good faith on the registration in the land register is protected; compensation claims then arise instead of recovery of the property (Article 1025(2)). A person who knew or should have known of the unlawful registration, however, cannot rely on it (Article 1024). For this reason, a preliminary injunction and an annotation in the land register are requested when the action is filed.

How is a preliminary injunction obtained?

Before the action is filed, the injunction is requested from the court with jurisdiction over the merits and, after filing, from the court hearing the case; the applicant establishes the claim on a prima facie basis (HMK Article 390). For an injunction obtained before filing, if the action is not filed within 2 weeks of the request for enforcement, the injunction lapses automatically (Article 397). The order is annotated in the land register (TMK Article 1010).

How is lack of capacity proven?

Under TMK Article 15, the acts of a person lacking capacity to discern produce no legal effect; it must therefore be proven that capacity to discern was absent on the date of the transaction. In practice, the medical records, hospital files and medication used at that time, together with witness statements, are gathered and a Forensic Medicine Institute report is obtained. The burden of proof lies with the party making the claim (TMK Article 6).

How is the court fee calculated in an action for cancellation of title?

Under Article 16 of Fees Law No. 492, in actions concerning the property itself, such as cancellation of a land registry entry, the value of the property is taken as the basis; if ecrimisil or damages are also claimed, the fee is calculated with those amounts added. Stating the value in the statement of claim is mandatory. The claimant also pays an advance on costs when filing suit (HMK Article 120).

What can be done if an agent sold the property below its value?

The agent must carry out the work undertaken faithfully and diligently, safeguarding the principal's legitimate interests (TBK Article 506). A transfer made to the principal's detriment, of which the buyer knew or should have known, amounts to an unlawful registration; in that case, an action for cancellation of title and registration may be filed (TMK Articles 1024 and 1025). The right to claim compensation from the agent is also reserved.

Which court hears an action for cancellation of title?

Because the action concerns property rights, it is heard by the civil court of first instance (HMK Article 2). The court of the place where the property is located has exclusive jurisdiction; the parties cannot choose another court by agreement (HMK Articles 12(1) and 18(1)). In Istanbul and Ankara, the action is filed at the civil court of first instance in the courthouse to which the district where the property is located belongs.

Title deed cancellation and registration action in Turkey: when can it be filed, by whom and within what time limit?

If a land registry entry does not rest on a valid legal ground, for example where a gift is disguised as a sale, the transaction was made by a person lacking capacity to discern, or the transfer was made through abuse of power of attorney, the person whose right is harmed may request, through an action for cancellation of title and registration (tapu iptal ve tescil davası), the cancellation of the entry and the registration of the property in their own name. This guide summarizes the grounds for the action, the time limits, the preliminary injunction, the competent court and the evidence, with reference to the statutory provisions.

Short answer

A registration based on a non-binding legal transaction or made without a legal ground is an unlawful registration (yolsuz tescil); for this reason, the person whose right in rem (ayni hak) is harmed may bring an action for rectification of the land registry (tapu sicili) (Turkish Civil Code No. 4721 (TMK), Articles 1024 and 1025).
The acquisition of a good-faith third party (iyiniyetli üçüncü kişi) who acquired a right by relying on the land register is protected; a person who knew or should have known of the unlawful registration, however, cannot rely on it (TMK Articles 1023 and 1024).
The action is filed at the civil court of first instance (asliye hukuk mahkemesi) of the place where the property is located; that place has exclusive jurisdiction (Code of Civil Procedure (HMK), Articles 2 and 12(1)).
The time limit depends on the ground: for mistake, fraud or duress (yanılma, aldatma, korkutma), 1 year from discovery or from the end of the duress (Turkish Code of Obligations (TBK), Article 39); for claims based on grounds predating the cadastral survey, 10 years from the date the cadastral record became final (Cadastre Law No. 3402, Article 12(3)).
To prevent a transfer while the action is pending, a preliminary injunction (ihtiyati tedbir) is requested and annotated in the land register (tapuya şerh); for an injunction obtained before filing suit, if the action is not filed within 2 weeks of the request for its enforcement, the injunction lapses automatically (HMK Articles 389 and 397; TMK Article 1010).

Last updated: 12 November 2026 · Prepared by: Av. Barış Kaymaz

Which question, which guide?

Your question	Related guide	One-line answer
How large is each heir's share?	Inheritance Share Calculator	The surviving spouse takes one quarter of the estate when inheriting together with descendants (TMK Article 499).
How is co-owned real estate divided?	Partition lawsuit guide	An application is first made to a mediator; the judge first orders partition in kind and, if that is not possible, a sale (TMK Article 699).
How is the title deed fee calculated?	Title Deed Fee Calculator	In a sale of real estate, the fee is calculated separately for the buyer and for the seller.
What is checked when buying real estate?	Legal Check-up Before Buying Real Estate	The land registry record, annotations, encumbrances and zoning status are checked before purchase.
Which page covers other inheritance matters?	Inheritance Law	Certificates of inheritance, division of the estate and inheritance-related lawsuits.
What work does the firm handle in this area?	Real Estate Law	Cancellation of title and registration, partition, and lease and condominium ownership (kat mülkiyeti) disputes.

In which cases is an action for cancellation of title and registration filed?

An action for cancellation of title and registration (tapu iptal ve tescil davası) is the action in which a person whose right in rem has been harmed by an unlawful registration (yolsuz tescil) requests rectification of the land registry (tapu sicili): under Article 1024 of the Turkish Civil Code (TMK), a registration based on a non-binding legal transaction or made without a legal ground is unlawful, and Article 1025 grants a rectification action (düzeltme davası) in that case.

Contracts aimed at transferring ownership of real estate are not valid unless made in official form (TMK Article 706; Article 237 of the Turkish Code of Obligations, TBK). In practice, actions most often rest on 3 grounds: collusive transfer by the deceased to defeat heirs (muris muvazaası), lack of capacity to discern (ayırt etme gücünün yokluğu / ehliyetsizlik) and abuse of power of attorney (vekâletin kötüye kullanılması); defects of consent such as mistake, fraud or duress (yanılma, aldatma, korkutma) are added to these (TBK Articles 36, 37 and 39).

The State is liable for damage arising from the keeping of the land registry; a compensation action against the State is heard by the court of the place where the land registry is located (TMK Article 1007).

What is a muris muvazaası action (transfer by the deceased to defeat heirs)?

It is the case where the deceased (mirasbırakan), in order to deprive the heirs of assets, presents in the land registry as a sale a property that was in reality given as a gift. In determining the type of a contract, regard is had to the true and common intention of the parties, not to the words they used to conceal their true purpose (TBK Article 19). According to the decision of the Court of Cassation's Grand General Assembly on the Unification of Judgments dated 1 April 1974, No. 1/2, the apparent sale is invalid because it does not correspond to the true intention, and the concealed gift is invalid because it does not comply with the official form, so an heir whose right is harmed may request cancellation of the title; in practice, each heir files the action in proportion to their own inheritance share.

How is cancellation of title requested on grounds of lack of capacity?

A person who lacks the ability to act reasonably because of young age, mental illness, mental weakness, intoxication or a similar cause does not have capacity to discern, and the acts of such a person produce no legal effect (TMK Articles 13 and 15). In practice, the absence of capacity to discern on the date of the transaction is proven through medical records and a Forensic Medicine Institute report (adli tıp raporu).

What is abuse of power of attorney?

The agent must carry out the work undertaken faithfully and diligently, safeguarding the legitimate interests of the principal (TBK Article 506(2)). A transfer of the property by the agent to the principal's detriment, for example far below its real value or in concert with the buyer, breaches this duty; if the buyer knows or should know of this, the buyer cannot rely on the unlawful registration, and cancellation of the title may be requested (TMK Article 1024).

Grounds for the action and their legal basis
Ground	What is alleged?	Legal basis
Collusive transfer by the deceased (muris muvazaası)	The deceased presented a property actually given as a gift as a sale	TBK Article 19; Court of Cassation unification decision 1 Apr 1974, 1/2
Lack of capacity (ehliyetsizlik)	The transferor lacked capacity to discern on the date of the transaction	TMK Articles 13 and 15
Abuse of power of attorney	The agent made the transfer to the principal's detriment, acting in concert with the buyer	TBK Article 506; TMK Article 1024
Mistake, fraud, duress	The contract was made under a defect of consent	TBK Articles 36, 37 and 39
Registration without a legal ground	The registration rests on a non-binding transaction or has no ground	TMK Articles 1024 and 1025

Source: Turkish Civil Code No. 4721, Articles 13, 15, 1024 and 1025; Turkish Code of Obligations No. 6098 (TBK), Articles 19, 36–39 and 506

Against whom is the action filed?

The action is filed against the person shown as owner in the land registry; if the property has since been transferred, subsequent owners who knew or should have known of the unlawful registration are also named as defendants (TMK Article 1024). If the defendant has died, the action is directed against their heirs.

The acquisition of a third party who, relying in good faith on the registration in the land register (tapu kütüğü), has acquired ownership or another right in rem is protected (TMK Article 1023); a person who knew or should have known of the unlawful registration, however, cannot rely on it (Article 1024(1)). For this reason, the good faith of the subsequent owner is one of the main questions that determine the outcome of the action.

If cancellation is not possible because the property has passed to a good-faith third party, the compensation claims of the person whose right was harmed are reserved (TMK Article 1025(2)).

Is there a time limit for filing the action?

There is no single time limit: 1 year applies to defects of consent and 10 years to grounds predating the cadastral survey. In a transaction made through mistake, fraud or duress, if within 1 year from the time the mistake or fraud was discovered or the effect of the duress ended, the party does not declare that they are not bound by the contract or does not reclaim what was given, the contract is deemed ratified (TBK Article 39(1)).

For real estate whose cadastral survey has been completed, once 10 years have passed from the date the cadastral records (kadastro tutanakları) became final, no objection may be raised and no action may be filed on the basis of legal grounds predating the cadastral survey (Article 12(3) of Cadastre Law No. 3402).

Because the transaction of a person lacking capacity to discern produces no legal effect (TMK Article 15), and in the case of collusive transfers by the deceased according to the practice of the Court of Cassation (Yargıtay), these actions are not made subject to a peremptory time limit (hak düşürücü süre). However, as time passes, evidence becomes harder to obtain and the likelihood of the property passing to good-faith third parties increases (TMK Article 1023).

Time limits
Situation	Time limit	Legal basis
Mistake, fraud, duress	1 year from discovery or from the end of the duress	TBK Article 39(1)
Claim based on a ground predating the cadastral survey	10 years from the date the cadastral record became final	Law No. 3402, Article 12(3)
Preliminary injunction before filing suit	Action within 2 weeks of the request for enforcement	HMK Article 397(1)
Appeal (istinaf)	2 weeks from service of the judgment	HMK Article 345
Lack of capacity and collusive transfer by the deceased	In practice, not made subject to a peremptory time limit	TMK Article 15; Court of Cassation unification decision 1 Apr 1974, 1/2

Source: Turkish Code of Obligations No. 6098 (TBK), Article 39; Cadastre Law No. 3402, Article 12; Code of Civil Procedure No. 6100 (HMK), Articles 345 and 397

Why is a preliminary injunction important?

If the defendant transfers the property to a good-faith third party while the action is pending, that person's acquisition may be protected (TMK Article 1023) and the action may fail to achieve its purpose. For this reason, a preliminary injunction (ihtiyati tedbir) may be requested where a change in the existing situation would make obtaining the right significantly more difficult (HMK Article 389(1)).

Before the action is filed, the injunction is requested from the court with subject-matter and territorial jurisdiction over the merits and, after the action is filed, from the court hearing the case; the applicant must establish on a prima facie basis (yaklaşık ispat) that the claim is well founded on the merits (HMK Articles 390(1) and 390(3)). The injunction order is annotated in the land register (tapuya şerh) and, after the annotation, may be asserted against those who acquire rights over the property (TMK Article 1010).

For an injunction granted before the action is filed, if the main action is not filed within 2 weeks of the date on which enforcement of the order was requested, the injunction lapses automatically; unless otherwise stated, the injunction remains in effect until the judgment concluding the case becomes final (HMK Article 397(1)–(2)).

Which court has subject-matter and territorial jurisdiction?

As an action concerning property rights, the action for cancellation of title and registration is heard by the civil court of first instance (asliye hukuk mahkemesi) (HMK Article 2(1)). In actions concerning a right in rem over real estate, the court of the place where the property is located has exclusive jurisdiction; if the action concerns more than one property, it may be filed at the place where one of them is located in respect of the others as well (HMK Articles 12(1) and 12(3)).

Since Istanbul and Ankara each have more than one courthouse, the action is filed at the civil court of first instance in the courthouse to which the district where the property is located belongs; the fact that the parties live in another city or abroad does not change jurisdiction.

The action for cancellation of title and registration is not among the disputes listed in Article 18/B of Law No. 6325 on Mediation in Civil Disputes as subject to mediation as a precondition to the action. A compensation action concerning the State's liability arising from the land registry, by contrast, is heard by the court of the place where the land registry is located (TMK Article 1007(3)).

Court with subject-matter and territorial jurisdiction (with Istanbul and Ankara examples)
Situation	Court	Example
Cancellation of title and registration	Civil court of first instance where the property is located (HMK Articles 2 and 12(1))	If the property is in Üsküdar, Istanbul, the civil court of first instance at the courthouse to which Üsküdar belongs
More than one property	Place where one of the properties is located (HMK Article 12(3))	For two properties in Istanbul and Ankara, the action may be filed where either of them is located
Parties in another city or abroad	Jurisdiction does not change; exclusive jurisdiction (HMK Articles 12(1) and 18(1))	For a flat in Çankaya, Ankara, a defendant living abroad is also a defendant in Ankara
Liability of the State	Court of the place where the land registry is located (TMK Article 1007(3))	Damage arising from the keeping of the land registry

Source: Code of Civil Procedure No. 6100 (HMK), Articles 2, 12 and 18; Turkish Civil Code No. 4721, Article 1007

How long does the action take, and how are fees and costs calculated?

The law sets no fixed duration for the proceedings; a judgment that is not final may be appealed (istinaf) within 2 weeks of service (HMK Article 345), and judgments concerning rights in rem over real estate cannot be enforced before they become final (HMK Articles 350(2) and 367(2)). The duration is mostly determined by service of notice, the hearing of witnesses, the forensic medical examination, the on-site inspection (keşif) and the report of the court-appointed assessor (bilirkişi).

In actions concerning the property itself, such as cancellation of a land registry entry, the value on which the fee is based is the value of the property; if compensation for unauthorized use (ecrimisil) or damages are also claimed, the fee is charged with those amounts added (Article 16 of Fees Law No. 492). Stating the value in the statement of claim is mandatory; if it is not stated, the claimant is required to determine it.

When filing suit, the claimant pays the court fees and the advance on costs (HMK Article 120); the costs of the on-site inspection, the assessor and service of notice are covered from this advance and, as a rule, are charged at the end of the proceedings to the party against whom judgment is given (HMK Article 326(1)).

Fee and cost items
Item	How is it determined?	Legal basis
Proportional fee	Based on the value of the property; if compensation for unauthorized use (ecrimisil) or damages are claimed, those are added	Fees Law No. 492, Article 16
Value of the action	Must be stated in the statement of claim; if not stated, the claimant is required to determine it	Fees Law No. 492, Article 16
Advance on costs	Paid by the claimant when filing suit; costs of service of notice, on-site inspection and assessor are covered from it	HMK Article 120
Litigation costs	As a rule, charged to the party against whom judgment is given	HMK Article 326(1)

Source: Fees Law No. 492, Article 16; Code of Civil Procedure No. 6100 (HMK), Articles 120 and 326

What evidence is used?

Unless the law provides otherwise, each party must prove the facts on which it bases its right (TMK Article 6). An official deed (resmî senet) drawn up at the land registry office (tapu müdürlüğü) constitutes conclusive evidence until the contrary is proven (HMK Article 204(2)); for this reason, the claim must rest on strong evidence showing that the deed does not reflect the truth.

In collusive transfer cases, the court examines whether the sale price was paid, the buyer's ability to pay, the difference between the value of the property and the declared price, and the deceased's intention to deprive the heirs of assets; bank records, on-site inspection and assessor reports, and witness statements are used. In practice, because the heir relies on their own right, the heir may prove the collusion by any kind of evidence, including witnesses.

In a claim of lack of capacity, the medical records, hospital files and Forensic Medicine Institute report relating to the date of the transaction are decisive; in abuse of power of attorney, the power of attorney, the sale price, the relationship between the buyer and the agent, and the real value of the property are decisive.

Stages of the process
Stage	What is done?	Legal basis
1. Review	The land registry record, the title deed contract record (akit tablosu), the certificate of inheritance (mirasçılık belgesi) and medical records are gathered	TMK Article 598; HMK Article 204
2. Preliminary injunction	An injunction is requested to prevent a transfer and is annotated in the land register	HMK Articles 389 and 390; TMK Article 1010
3. Action	Filed at the civil court of first instance where the property is located; the value is stated and the fee is paid	HMK Articles 2, 12 and 120; Fees Law, Article 16
4. Investigation	Witnesses, on-site inspection, assessor and, where necessary, forensic medical examination	TMK Article 6
5. Judgment and appeal	Appeal (istinaf) within 2 weeks of service	HMK Article 345
6. Finality and registration	Once the judgment becomes final, the title is cancelled and the property is registered in the claimant's name	HMK Article 350(2)

Source: Code of Civil Procedure No. 6100; Turkish Civil Code No. 4721

Frequently asked questions

It depends on the ground. For mistake, fraud or duress, if no declaration is made within 1 year from discovery or from the end of the duress, the contract is deemed ratified (TBK Article 39). For claims resting on pre-cadastral grounds, no action may be filed 10 years after the cadastral record became final (Law No. 3402, Article 12(3)). In practice, actions for lack of capacity and muris muvazaası are not subject to a time limit.

References

Turkish Civil Code No. 4721 (Türk Medeni Kanunu) (Articles 6, 13, 15, 598, 706, 1007, 1010, 1023–1025) — Legislation Information System (Mevzuat Bilgi Sistemi) (accessed: 12 November 2026)
Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu) (Articles 19, 36, 37, 39, 237, 506) — Legislation Information System (Mevzuat Bilgi Sistemi) (accessed: 12 November 2026)
Code of Civil Procedure No. 6100 (Hukuk Muhakemeleri Kanunu) (Articles 2, 12, 18, 120, 204, 326, 345, 350, 367, 389, 390, 397) — Legislation Information System (Mevzuat Bilgi Sistemi) (accessed: 12 November 2026)
Cadastre Law No. 3402 (Kadastro Kanunu) (Article 12) — Legislation Information System (Mevzuat Bilgi Sistemi) (accessed: 12 November 2026)
Fees Law No. 492 (Harçlar Kanunu) (Article 16) — Legislation Information System (Mevzuat Bilgi Sistemi) (accessed: 12 November 2026)
Law No. 6325 on Mediation in Civil Disputes (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu) (Article 18/B) — Legislation Information System (Mevzuat Bilgi Sistemi) (accessed: 12 November 2026)