Forms of Title-Deed Transfer: Legal Framework for Sale, Gift and Exchange

Before a sale, identity, authority to act, the registry entry and encumbrances should be checked. Required documents depend on the transaction and property. DASK insurance applies to structures covered by compulsory earthquake insurance; it is not a universal requirement for bare land sales. Energy-certificate obligations likewise depend on the building and applicable rules.

Title deed duty (tapu harcı) is, as a rule, levied on the declared value separately from the buyer and the seller. Rates and exemptions should be checked at the time of the transaction; the declared value may not be lower than the property tax value.

A gift of an immovable is subject to TBK m.288 et seq. and to the formal requirement of TMK m.706. It is made by official deed at the Land Registry. The donor may revoke the gift on grounds set out by law.

A genuine transfer openly registered as a gift may be subject to abatement for infringement of reserved shares or, where applicable, equalisation. It differs from a gift concealed behind an apparent sale in a testator-simulation claim. The true intention, official transaction and heir's rights determine the remedy.

In an exchange, the parties undertake reciprocal transfer of possession and ownership of one or more assets (TBK m.282–283). Where immovables are exchanged, the official-form and registration requirements must be satisfied for each; this does not imply that a separate contract is invariably required for each property.

Real-estate disputes should be reviewed first on the basis of the land registry, encumbrance records, municipal and zoning status, actual use, and the payment records between the parties. In particular, in matters concerning deed cancellation, eviction, partition and condominium ownership a single document is rarely sufficient; official records must be assessed together with the factual situation.

Before commencing an action or transaction it is essential to identify time limits and the competent authority correctly. The court of the place where the immovable is located, the form requirements before notaries, land-registry procedures, dates of notices and service records can directly affect the course of the dispute.

When preparing evidence, the deed, official deed, lease, bank receipts, formal notices, building permits, management plans and other technical documents that may be subject to expert review should be filed separately. Such preparation enables a clearer legal framework both when filing an action and in settlement discussions.