What Happens If the Disputed Property Is Sold to a Third Party?

A Deceased Person’s Sham Transaction

Prepared by: Constantinople

A further transfer does not automatically extinguish all an heir’s rights. Current ownership, transfer timing and the new owner’s legal position may nevertheless affect the claim. Current records and the transfer chain should therefore be examined rather than relying on an old title copy.

Article 1023 of the Turkish Civil Code protects a third person acquiring a right in rem in good-faith reliance on the land register. A person who knew or should have known the registration was defective cannot benefit under Article 1024. The party to the initial sham transaction and a later-acquiring third party are not in the same position. The initial party cannot be treated as a good-faith third party merely because they appear as registered owner.

The new buyer’s relationship with the parties, knowledge of the dispute and transaction terms are investigated; closeness alone is not conclusive. If transfer occurs during litigation, procedural options under HMK 125 may matter. Against whom and with which claim proceedings continue depends separately on the transferor’s procedural position.

We treat transfer risk as requiring monitoring of title separately from the litigation file. The injunction’s scope and implementation, current owner and possible new claims are assessed together. If sale to a third party has occurred, the transaction date, known transfer details and existing proceedings should be examined as early as possible. No definitive outcome on restitution in kind or a monetary claim should be stated before seeing this information.