TO THE COURT OF FIRST INSTANCE JUDGE
Plaintiff:
TURKISH IDENTITY NUMBER :
ADDRESS :
ATTORNEY:
(Legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT:
ADDRESS :
CASE VALUE:
(in cases related to assets)
SUBJECT : Deed Registration Request.
DESCRIPTIONS :
1-) My client … …, out of action … … on the … square meter real estate (ANNEX-2) located at the address …, which he bought with an external sales contract (ANNEX-1) dated …/…/… Between … – …/…/… he built a four-storey building. While the value of the building costing … TL is currently … TL, the current value of the immovable on which it is located is … TL. The contract of sale was signed for a price of … TL. (ANNEX-3)
2-) Upon the death (Annex-4) of the party of the sale contract, out of action … …, the heirs of the defendants requested the evacuation of the immovable from my client with the claim of the invalidity of the sale contract, and they are preparing to file a lawsuit for the prevention of seizure.
3-) In Article 724 of Law No. 4721, “If the value of the building is clearly more than the value of the land, the bona fide party may request that the entire or sufficient part of the building and land be given to the owner of the building in return for an appropriate price.” The conditions stipulated in the provision have been fulfilled. My client was in good faith throughout the time the building was built and the value of the building clearly exceeded the value of the land. My client also accepts the deduction of … TL, which was determined in the sales contract and paid to the non-litigation testee, from the price of the land to be determined, and is ready to pay this difference to the defendants if there is a price difference.
4-) For all these reasons, it has become obligatory to file this lawsuit in order to ensure that the ownership of the land of … square meters, registered with the number of parcels, located at the address of … and registered with the number of …
LEGAL REASONS :
LEGAL EVIDENCE:
1-) External sales contract dated …/…/…,
2-)… registered with the number of … parcels located at … square meters of real estate title deed registration,
3-) Discovery and expert examination,
4-) Certificate of Inheritance,
5-) Witness list showing the names and addresses of the witnesses and the subjects they will testify.
CONCLUSION AND REQUEST: For the reasons explained above, it is decided to cancel the title deed registration and register it in the name of the client in accordance with the provisions of the relevant law, in return for the appraised value of the … square meter real estate located at the address …, registered with the number of parcels … On behalf of the client, we respectfully request that the expenses and attorney’s fees be charged to the other party. …/…/…
ATTACHMENTS:
1-) External sales contract dated …/…/…,
2-)… registered with the number of … parcels located at … square meters of real estate title deed registration,
3-) Discovery and expert examination,
4-) Certificate of Inheritance,
5-) Witness list showing the names and addresses of the witnesses and the subjects they will testify.
6-) One copy of approved power of attorney.
Plaintiff’s Attorney
Lawyer
