… TO THE JUDGE OF THE CIVIL COURT OF FIRST INSTANCE
PLAINTIFF:
TURKISH REPUBLIC IDENTITY NUMBER:
ADDRESS:
REPRESENTATIVE:
(If applicable, the legal representatives of the parties)
ADDRESS:
(If applicable, the legal representatives of the parties)
DEFENDANT:
ADDRESS:
SUBJECT: This lawsuit concerns the claim for compensation for damages suffered by our client, a bona fide third party, due to the cancellation of the title deed of the property in question, and the recovery of the amount of …… TL paid to the defendant for the property.
VALUE OF THE CLAIM:
(In cases relating to property)
EXPLANATIONS:
1-) Our client purchased the apartment numbered …… belonging to the defendant on …./…./…. for …. TL. (APPENDIX – 1)
2) After our client purchased the property in question, he deposited the property price, ….. TL, into the defendant’s account at …. Bank …. Branch ….. and obtained the title deed in his name. (APPENDIX – 2)
3) Furthermore, regarding the aforementioned property, a lawsuit for cancellation and registration of title deeds was filed by ….., a natural person not involved in the lawsuit, alleging that the property was sold through a forged power of attorney and irregular transaction. This lawsuit was accepted by the …. Court with its decision dated …./…/… and the registration made in our client’s name in the title deed was cancelled. (APPENDIX – 3)
4) Our client, within the scope of Article 1023 of the Civil Code, is a bona fide third party who purchased the property in question from the defendant and could not have known that the defendant had acted with a forged power of attorney. This is because the defendant is an acquaintance of a relative of our client, and based on this relationship of trust, our client did not conduct a detailed investigation into the forgery of the power of attorney before purchasing the property.
6) For all these reasons, it has become necessary to file this lawsuit to ensure compensation for the damages suffered by our client and the recovery of the property price paid from the defendant, in accordance with Article 1023 of the Civil Code No. 4721.
LEGAL GROUNDS: Article 1023 of the Civil Code No. 4721 1023.
LEGAL EVIDENCE:
1) Land Registry Records
2) Bank Statements
3) Decision of the …… Court dated …/…/… regarding the cancellation and registration of the title deed
4) Expert Examination
CONCLUSION AND REQUEST: For the reasons explained above, reserving our right to claim further amounts, we respectfully request that the defendant be ordered to pay a total of …… TL in compensation. (The claim regarding the value of the claim, the reservation of rights regarding further amounts, or whether the value of the claim is disputed may vary depending on the petition prepared regarding the subject of the lawsuit; however, the relevant claims should be evaluated based on your specific case.) We respectfully request that your esteemed court order the defendant to pay court costs and attorney fees to the opposing party. …/…/…
ATTACHMENTS:
1) Land Registry Records
2) Bank Statements
3) …… Court decision dated …./…/… regarding the cancellation and registration of title deed
4-) One certified copy of the power of attorney.
Plaintiff’s Attorney
Attorney