Where a record in the land registry does not conform to the true legal situation, the true rightholder may request the annulment of the title deed record and its registration in their own name.
Common Grounds for an Action for Annulment of Title Deed
- Collusive transfer to avoid inheritance (muris muvazaası) - The deceased disguising a property they actually gifted as a sale, in order to deprive an heir of their inheritance right. In judicial practice, if it can be proven that the parties' true intention was not a sale but a gift, the transaction is deemed invalid due to collusion and the title deed record is annulled.
- Lack of capacity - The party not having legal capacity to act (for example, due to a severe mental illness) at the time of the title deed transaction.
- Mistake, fraud, or duress - The transaction having been carried out under a defect of will that does not reflect the true intention.
- Abuse of a power of attorney - The attorney-in-fact acting beyond the authority granted to them, or to the detriment of the principal.
- Zoning/cadastral errors - Material errors arising from measurement or boundary determination.
Against Whom Is the Action Filed?
An action for annulment and registration of title deed is filed against the person who appears as owner in the title deed record (or their heirs). If the property has been transferred to a third party and that person is acting in good faith, the good-faith third party's acquisition is, as a rule, protected; in that case, the action may turn into a compensation claim between the parties to the original transaction.
Burden of Proof
In actions filed against the land registry, the party alleging the contrary of what is recorded in the title deed bears the burden of proving that allegation (TCC Art. 7 - the presumption of accuracy of the land registry). In collusive-transfer-to-avoid-inheritance cases, witness statements, the deceased's economic situation, and the realism of the sale price are important pieces of evidence.
Conclusion
Actions for annulment and registration of title deed are among the case types with a heavy evidentiary and technical burden; each type of action (collusion, lack of capacity, mistake/fraud) carries its own specific evidentiary requirements.
You can prepare a source-backed petition for your action for annulment and registration of title deed using Lawyer Services' Create Petition tool.