REVISTA EdeDC

Authors : Haluk Saruhan

DOI: https://doi.org/10.79425/rev.v5i1, 91-99

Published Date: 2025-01-24

Abstract:
As a result of oneormore of theheirs not agreeingtosharedownership in the transfer of realestateorimmovableproperties, andabstainingfromsigningfortheexecution of thetransaction, theimmovableproperty is recorded in thelandregistry as a jointownership (participation) bracketwiththesignature of one of theparties. Theprocess of convertingthejointownershipintosharedownership in thelandregistryoffices is moreIt is a processthatstartswiththeregistration of shareswithoutanypriorknowledge. Because, in jointownership, theshare of thepartners is not clear, andtheshare of each of them is widespreadoverallthegoodsincluded in thepartnership. Itpreventsoneormore of thestakeholdersfromselling, mortgagingordonatingtheirrealestateto a thirdparty. Overcomingtheseobstaclesthroughlitigationtakes a longprocess. InArticle 703 of theCivilCode, jointownershipendswiththe transfer of property, thedissolution of thecommunity, andthetransitiontosharedownership. However, iftherearepartnerswho do not wanttoswitchtosharedownershiporifoneormore of thepartnerscannot be reached, transitiontosharedownershipwill be impossible. This Inthiscase, Article 644 of theTurkishCivilCodemust be resolvedthroughlitigation, which is a longprocess, byrequestingtheadditionalarticle 3 of theCadastralLaw No. 3402, byapplyingtothe Land Registry Office, andbynotifyingtheheirswho do not agreetosharedownership, totheiraddresses in accordancewiththeprovisions of the Notification Law No. 7201. If they do not have a declarationregardinganysharinglawsuitwithin a period of onemonthfromthedate of date, thequestion is askedwhetherany of thestakeholdershavefiled a partitionlawsuitagainsttheseparcelsbyspecifyingtheislandpar celtotheCivil Court of Peace of theplacewheretherealestate is located, andif it is stated in theresponseletterthatnosharinglawsuit has beenfiled. Bytakingthesignatures of thepersonorpersonswhoapplytothelandregistryoffice, thenon-contractualtransactionwill be arranged, andthesharedsharewill be madebased on theinheritancecertificateItwill be registered as ownership. Inthisarticle, theprocessesrelatedtojointownershipandtheconversion of jointownershipintojointownershipbythe Land RegistryDirectorate in accordancewiththeadditionalarticle 3 of thecadastrallawno. 3402 will be discussed. Itwill be concludedbytouching on thedifferencesbetweenthestages here andtheresolution of thelawsuit in accordancewithArticle 644 of theTurkishCivilCode.