Deed Cancellation and Registration Case
TO THE HONORABLE COURT
REQUESTS FOR PROVISIONAL MEASURES
…….
PLAINTIFFS:…….
ATTORNEY:…….
DEFENDANT:…….
SUBJECT: Deed cancellation and registration
VALUE: …….
EXPLANATIONS:
1-Our clients are children of a family with six siblings. Having lost their father long ago, our clients, the youngest of whom is Ayşe, had to care for their elderly and sick mother at home. The poor woman, who had been struggling with 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 of the siblings, is unemployed and has bad habits. When their father was alive, he was given every opportunity, including apartments and shops, when he got married, but Ali quickly divorced and squandered all his assets.
3- After their father died, he frequently took money from their elderly mother under the pretext of starting a new business and spent it on gambling.
4-Finally, we learned that he sold the …… m2 property belonging to our client, located at ……. Village, ……. District, Sheet:……., Parcel:……. for ……….-TL to his wife’s father, whom he later married, using a special power of attorney obtained from his 96-year-old mother in a manner unknown to us. Our client’s mother
5-…………’s sole purpose is to gain personal benefit, and he will later convert this property, which he stole from the other heirs, into cash to support himself.
6-…………, who purchased the real estate, is being cared for by our client’s brother (i.e., his son-in-law), who has no income.
7-For this reason, we request the cancellation of the fraudulent sale in question and the re-registration of the immovable property in the name of the heirs. We also request that precautionary measures be taken to prevent the defendant, who acted in bad faith, from selling the aforementioned immovable property to third parties.
LEGAL BASIS: CIVIL CODE AND RELEVANT LEGAL PROVISIONS
EVIDENCE: Title deed, Heirship Certificate, Witnesses, Any and all evidence.
RESPONSE PERIOD: 10 days
RESULT OF THE REQUEST: For the reasons stated above, we request that a measure be applied to prevent the sale of the immovable property specified above by lot and parcel number in order to prevent the defendant from selling the immovable property to third parties with malicious intent, 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 the last paragraph of Article 164 of the Attorney Law No. 1136, as amended by Law No. 4667, we request that the opposing party’s attorney’s fees be paid to us as a power of attorney.