…….TO THE PRESIDENT OF THE COURT
REQUEST FOR PRECAUTIONARY MEASURES
…….
REQUESTORS:…….
ATTORNEY: …….
DEFENDANT:…….
SUBJECT: Cancellation and Registration of Title Deed
VALUE: …….
EXPLANATIONS:
1-Our clients are the children of a family with six siblings. Having lost their father long ago, our clients, among whom Ayşe is the youngest, had to care for their elderly and sick mother at home. The woman, who had suffered from diabetes, high blood pressure, and memory loss for many years, passed away three months ago at the age of 96. (Inheritance certificate attached)
2- Ali, the eldest sibling, is unemployed and has bad habits. While their father was alive, he was given every opportunity; when he got married, he was given apartments and shops, but he divorced shortly thereafter and squandered the assets built up for him on his pleasures.
3- After his father’s death, he frequently took money from his elderly mother under the pretext of starting a new business and spent it on gambling.
4- Finally, we learned that our clients sold the ……. m2 property located in Istanbul, ……. Koyu, ……. location, Plan:……., Parcel:……. to the father of his later wife, with a special power of attorney obtained from his 96-year-old mother, for an unknown amount of ……….-TL. Our clients’ mothers
5- …………’s sole purpose is to gain personal benefit and will continue to live by converting these assets, which he has taken from the other heirs, into cash.
6- The buyer of the real estate, …………, has no income and is cared for by our client’s brother (son-in-law).
7-For this reason, we request the cancellation of the aforementioned fraudulent sale transaction and its re-registration on behalf of the heirs. Again, in order to prevent the malicious defendant from selling the property to third parties, we request that measures be taken to prevent the sale of the property specified above in terms of land and parcels.
LEGAL GROUNDS: ENGLISH AND RELEVANT LEGAL ARTICLES
EVIDENCE: Title deed, Heirship Certificate, Witnesses, all kinds of evidence.
RESPONSE PERIOD: 10 days
OUTCOME OF THE CASE: For the reasons explained above, in order to prevent the malicious defendant from selling the immovable property to third parties, we request that measures be taken to prevent the sale of the immovable property specified above, that the title deed registration of the immovable property in the name of the defendant be canceled, that the litigation costs be borne by the opposing party, Pursuant to Article 164/final of the Attorney Law No. 4667, as amended by Law No. 1136/164, we request that the opposing party’s attorney fees be determined by us in our capacity as attorneys.
ATTORNEY