Supreme Court of the Republic of Turkey
5. Law Office
Basis: 2019/ 2987 Decision: 2020 / 2936
Decision Date: 20.02.2020
SUMMARY: Since it was understood that the notary public’s notifications made in terms of his heirs were deemed invalid, considering that the expropriation process was finalized in terms of the defendant, it is not thought that the case should be accepted in terms of this defendant, Although it is not true; Since rectification of this error did not require a retrial, the judgment had to be corrected and upheld.
At the end of the proceedings due to the title deed cancellation and registration lawsuit based on Article 17 of the Expropriation Law between the parties: The Court of Appeals examined the above-mentioned verdict regarding the rejection of the lawsuit, with the petition submitted by the plaintiff administrative attorney, and after the documents in the file were read and the dispute was understood, the necessary was discussed. considered:
DECISION
The case is about the cancellation and registration of title deeds based on Article 17 of the Expropriation Law.
In accordance with the annulment decision followed by the court, the judgment was established by examining and taking action; The decision was appealed by the plaintiff’s attorney.
Other appeals of the plaintiff administrative attorney, which are not included in the paragraph below, are not appropriate since they are related to the aspects that are finalized by the annulment of the objections. However;
The defendant party about the immovable whose registration is requested… In the file of the 7th Civil Court of First Instance, 2010/511 E., 2013/177 K.
without expropriation>
hand
As a result of the revision of the decision made in the file numbered 2017/6461 E., 2018/10342 K. of our Chamber of the lawsuit based on expulsion, it was understood that the notary notifications made in terms of the heirs of the 1/4 share owner of the immovable property … Considering that the expropriation process has been finalized in terms of
Although it is not true; rectification of this error does not require a retrial,
Removal of the phrase (Rejection of the Plaintiff’s attorney’s case) in the clause (1) of the judgment clause of the reasoned decision from the provision, instead of (with partial acceptance of the case, the 1/4 belonging to the deceased in the immovable … City, … District, … Neighborhood, 116 no. cancellation of the share falling to the defendant, the heir of the share, and its registration and registration in the title deed in the name of the Treasury, rejection of the lawsuit filed by the other defendants) sentence is written,
It was unanimously decided on 20.02.2020 that the provision be APPROVED AND CORRECTED.
