One of the most common lawsuits in the inherited immovables and common property real estates in Türkiye PREVENTION (SUBA) CASEis. If one of the partners sells the share of the third person, this case, which enables other partners to come into play and make it a “priority buyer ,, has an important place in real estate law.
What is the right of pre -pre -pre -employment?
The right of the pre -prejudice is the right to prioritize the purchase of that share to other partners if one of the partners in shared property sells. This right is regulated in the Turkish Civil Code.
For example, if a plot of three brothers are sold to a stranger by a brother, the other two brothers can open the share of the sold by filed a lawsuit.
Ask the lawyer: “What errors are made most in the preliminary case?”
We interviewed about the subject Real Estate Lawyerstates that citizens are often misleaded in the pre -pre -pre -stop case:
“The most made error is that the case is not opened in the duration. The law says that the right to pre -sale can be used within 3 months after the sale of the sale and in each case within 2 years from the date of sale. If these periods are missed. Another error is to enter the bazaar directly with the buyer. However, the court process is often the problem.
The lawyer also in cases payment He underlines his obligation:
“The partner who uses the right to pre -pre -pre -buyer has to pay the sales price and the costs of the land registry. ‘I get the share cheap’ logic is wrong.”
Conditions of the case
For the opening of the premature case:
- Your immovable shared ownership To be the subject,
- One of the partners sells their share to a third person,
- The sale must be officially made in the title deed.
When these conditions are not met, the pre -pre -pre -cases cannot be filed. For example, if the share is donated or transferred through inheritance, the right to prejudice does not arise.
Precedent decisions from the Court of Cassation
- The Court of Cassation stressed that the sale should be made in the title deed, not by notary deed.
- It was decided that the case would be rejected if a 3 -month -old department was passed.
- If the share was sold to more than one person, it was accepted that the right to prejudice is valid again.
These decisions show that those who want to sue should pay attention to the duration and shape conditions.
Suggestions for citizens
- Do not delay the process as soon as you find out that the sale is made.
- Make your financial preparation to pay the price.
- Follow the title deed regularly.
- A definitely an expert rent lawyerget support from.
Many citizens, although “I did not know about the sale” on the grounds, the Supreme Court of Appeals are often based on official title deed records. For this reason, it is very important that the immovable partners control the title deed records at regular intervals.
CONCLUSION
Preliminary case is an important legal mechanism to protect the rights of stakeholders in common property immovables. However, since the time of filing a lawsuit is short and strict, it is necessary to act carefully in order to avoid loss of rights.
An expert for correct management of this process Ask the lawyer Working with can prevent both time and material losses.
