Title deed fraud is one of the most common and complex types of real estate disputes in Turkey. Whether arising from forged signatures, bad-faith sales, fake power of attorney documents, or transfers made under duress or deception, the legal consequences can be serious and long-lasting. Victims often lose access to property they legally own or have paid for, unless swift and well-prepared legal action is taken through the courts.
Our Turkish Law Firm represents both Turkish and foreign nationals in property litigation in Turkey, including tapu iptal ve tescil davası (title deed cancellation and registration lawsuits). As experienced English Speaking Turkish Lawyers, we file real estate lawsuits, apply for precautionary measures to block fraudulent transactions, and work with expert witnesses to secure ownership rights for our clients.
What Is Title Deed Fraud in Turkey?
Title deed fraud in Turkey refers to the unlawful transfer of real estate ownership through deception, forged documents, misuse of legal authority, or abuse of trust. These fraudulent transactions are often disguised as legitimate sales but are carried out with intent to deprive the rightful owner of their property. Some of the most common scenarios include:
- Sale of property by someone impersonating the true owner
- Use of forged or expired power of attorney (vekaletname)
- Hidden sales made without informing co-owners or heirs
- Transfer of title through coercion, exploitation, or undue influence
- Property sold under mental incompetency or lack of legal capacity
Our Turkish Law Firm examines the legal history of the title, identifies all suspicious transactions, and initiates court proceedings to annul the fraudulent registration.
Legal Grounds for Filing a Tapu İptal ve Tescil Davası
Under Article 1025 of the Turkish Civil Code, anyone whose real property right has been infringed by an unlawful registration may file a lawsuit for title cancellation and registration (tapu iptal ve tescil). These lawsuits can be based on various grounds, such as:
- Forgery or fraud – sale conducted with fake documents or signatures
- Abuse of power of attorney – agent acted beyond authority or in conflict of interest
- Simulated sale (muvazaa) – fictitious contract made to conceal a gift or hide assets
- Mental incompetence – seller was not legally competent or was under guardianship
- Violation of inheritance rights – sale made without consent or knowledge of rightful heirs
As the best lawyer firm in Turkey for real estate litigation, we conduct in-depth factual analysis and develop strong legal arguments supported by expert reports and registry records.
Evidence in Title Deed Fraud Litigation
In real estate disputes in Turkey, especially those involving fraud, documentary and expert evidence is crucial. Key forms of evidence include:
- Land registry records (tapu kayıtları)
- Historical title transactions and encumbrance reports
- Power of attorney documents and notarized contracts
- Medical reports and psychiatric evaluations (in incompetency cases)
- Witness testimony and handwriting expert reports
Our English Speaking Turkish Lawyers secure certified records from land offices, engage handwriting experts, and request precautionary seizure (ihtiyati tedbir) of properties to prevent resale during the case.
Precedents from Turkish Court of Cassation (Yargıtay)
Turkish high courts, especially the Court of Cassation (Yargıtay), have consistently affirmed the protection of rightful ownership against bad-faith registrations. According to established case law:
- If the transferee knew or should have known about the fraud, the registration can be canceled
- Even if third parties are involved, courts may reverse sales that violate trust, inheritance, or representation rules
- Claims are not subject to strict formalism as long as core ownership can be proven
Our Turkish Law Firm includes Yargıtay precedents in all title deed fraud lawsuits in Turkey, strengthening arguments against unjust registrations and supporting urgent interim measures.
Simulated Sales and Muvazaa Lawsuits in Turkey
One of the most challenging forms of title deed fraud in Turkey is known as muvazaa, which refers to a fictitious transaction made to deceive third parties or hide the true intent of the parties involved. Common in family disputes and inheritance circumvention, simulated sales typically involve:
- Selling a property to a relative while claiming it’s still owned by the transferor
- Claiming the sale price was paid, when in fact it wasn’t
- Hiding assets from creditors or spouses before divorce
In such cases, we file a muvazaa tespit davası (lawsuit for recognition of simulation) and request the court to annul the tapu registration as legally invalid.
Special Considerations for Foreigners in Real Estate Fraud Cases
Foreign nationals often face additional risks in real estate litigation in Turkey due to language barriers, lack of local oversight, and overreliance on intermediaries. Key issues include:
- Vulnerability to forged power of attorney (vekaletname) misuse
- Title registered in the name of “local partners” or proxy owners
- Failure to verify historical liens or legal status of the property
- Jurisdictional challenges and communication issues during litigation
Our English Speaking Turkish Lawyers protect foreign buyers by verifying all ownership records, preparing bilingual power of attorney templates, and maintaining transparent litigation updates throughout the case.
Internal Legal Resources
- Due Diligence in Turkish Real Estate
- Inheritance Law in Real Estate
- Resolving Property Disputes
- Residence Permit via Property Ownership
- Real Estate Power of Attorney
FAQ: Title Deed Fraud and Property Litigation in Turkey
- Q1: What should I do if my property was transferred without my knowledge?
You must immediately file a tapu iptal ve tescil davası. The sooner you act, the higher your chances of recovering ownership. - Q2: Is title deed fraud a criminal offense?
Yes. Criminal complaint for fraud and forgery may be filed in parallel with civil litigation. - Q3: Can foreigners file title deed cancellation lawsuits?
Absolutely. Turkish courts accept lawsuits from foreign individuals and companies with full standing. - Q4: What is the time limit for these lawsuits?
No limitation if registration is based on bad faith. Otherwise, 10 years may apply depending on the nature of the claim. - Q5: What documents are needed to prove my ownership?
Past contracts, payment receipts, witness statements, and bank transfers are essential to support your claim. - Q6: Can a Turkish Law Firm act on my behalf without coming to Turkey?
Yes. With a notarized and apostilled power of attorney, our lawyers can fully represent you in court. - Q7: How long does a tapu fraud case last?
Usually 9–18 months depending on complexity, expert reports, and number of defendants. - Q8: Can I file a case if the property was resold to a third party?
Yes, if the third party knew or should have known the original sale was fraudulent. - Q9: Is mediation mandatory in property fraud disputes?
No. These are exempt from mediation due to property nature. - Q10: What is the cost of litigation?
Costs vary by case value, number of parties, and court stage. We provide full transparency in legal fee structure at the outset.
Protect Your Property Rights with a Turkish Law Firm
If you suspect that your property has been transferred without consent, or if you're dealing with fraudulent title transactions, it’s essential to act swiftly and with legal precision. At ER&GUN&ER Law Firm, we offer comprehensive legal services for title deed fraud, from document analysis to courtroom litigation and asset recovery.
Our English Speaking Turkish Lawyers assist both local and international clients with tailored strategies that address tapu iptal cases, power of attorney abuse, simulated contracts (muvazaa), and cross-border fraud. As the best lawyer firm in Turkey for property litigation, we secure and defend your real estate interests with integrity and professional diligence.