… TO THE JUDGE OF THE CIVIL COURT OF FIRST INSTANCE
CASE NO: …/… E.
PRINCIPAL INTERVENTION
APPLICANT: (Turkish Republic Identity Number):
ADDRESS:
REPRESENTATIVE:
ADDRESS:
DEFENDANT:
REPRESENTATIVE:
ADDRESS:
VALUE OF THE CLAIM:
SUBJECT: Submission of our petition regarding our request for primary intervention.
OUR EXPLANATIONS
1) The plaintiff in the case being heard in your court, registered under case number …/…/… dated …/…/…, is the Treasury. The plaintiff alleges that the disputed property, located in … province, … district, … neighborhood/village, … map sheet, … island, … parcel, is not registered in the land registry and that the defendant has encroached upon the property. Therefore, the plaintiff requests the prevention of encroachment, cancellation of the title deed, and registration.
2) The defendant, claiming ownership of the property through an informal purchase and transfer, requests the dismissal of the case.
3) The property in question was inherited by our client from his deceased father. The certificate of inheritance is submitted to your court for examination as an annex to this petition. As can be understood from the certificate of inheritance, the deceased … left behind only his children, our client and his brother … Our client’s mother passed away much earlier.
4) Our client purchased his brother’s share from him through an external sales contract dated …/…/… and has been the sole possessor of the property. Contrary to the claims of the plaintiff and the defendant, the property in question has been used by our client with the intention of owning it for more than twenty years, and has been regularly cultivated by him during this time. This matter will be clarified by the explanations that our local witnesses, whose names and addresses are included in the witness list we have submitted as an annex to our petition, will provide to your court during the trial. We believe that the documents documenting our client’s insurance coverage for over twenty years, issued entirely in his name, and the agricultural chamber and agricultural credit cooperative records existing since …, support the witness statements and are among the evidence we will rely on to prove our claim.
5) Specifically, the property in question is neither located within forest boundaries nor has it been removed from forest boundaries and registered in the name of the Treasury. Therefore, neither the plaintiff, the Treasury, nor the defendant has a preferential right over the property in question. We believe that the property should be registered in the name of our client, who has already fulfilled the conditions of possession through extraordinary prescription.
6) For the reasons mentioned above, it has become necessary to request intervention in this lawsuit to ensure the registration of the property in question in the name of our client.
LEGAL GROUNDS: Law No. 4721, Articles 683, 713; Law No. 3402, Annex Article 4; Law No. 6831, Article 2; Law No. 6100, Article… 65.
LEGAL EVIDENCE: Certificate of inheritance, Family population registration record, External sales contract, Witness testimonies, Administrative letter stating that the individual is a member of the Agricultural Social Security Institution (Bağ-Kur), Chamber of Agriculture registration, Agricultural Credit Cooperative registration, On-site inspection and expert examination, Oath.
CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request, on behalf of our client, that our request for primary intervention be accepted and that the property be registered in the land registry in our client’s name based on the legal grounds of extraordinary acquisitive prescription, and that the court costs and attorney’s fees be borne by the defendants. …/…/…
ATTACHMENTS:
Primary Intervenor/Plaintiff’s Attorney
Attorney
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