-SAMPLE PETITION-
ANKARA () COURT OF FIRST INSTANCE
PROSECUTOR :
ADDRESS
ATTORNEY :
ADDRESS
DEFENDANT :
ADDRESS
CASE VALUE: ……TL
D.SUBJECT: Prevention of Confiscation (men of intervention) and eviction of immovable property is our petition of claim.
OUR EXPLANATIONS
1.The defendant party, the Ankara we have october in the annex …. Notary Public, …/…/Date of 2021, ….. Yenimahalle District of Ankara Province with the Promise of Real Estate Sales Contract Numbered Yevmiye … AdaParcel No…. The neighborhood ….Cad No:…/…. At Batıkent Yenimahalle Ankara address, kain has committed to sell the property to the plaintiff client for a fee of 300,000 TL and stated in the said commitment that he will release the property on … /… /2021.
2.In accordance with this commitment …/…/ The transfer of real estate was made in the Yenimahalle Land Registry Office in 2021, but despite the fact that 3 months have passed since the transfer, the plaintiff has been repeatedly warned by the client, the defendant has not vacated the property and is an unfair occupier.
683 of the Turkish Civil Code.according to the article
“A person who owns something has the right to use, use and save as he wishes on this thing within the limits of the legal order.
Malik can file a ration lawsuit against anyone who has his property unfairly in his possession, as well as file a lawsuit to prevent any unfair seizure”
At this point, the conditions required for the adoption of the confiscation prevention case are as follows:
-Proof of the Right of Ownership (The title deed document we provide in october presumes that the right of ownership is in the plaintiff client)
-Unfairness of elimination (The defendant has no right to real estate, the property of which belongs to the plaintiff client, the plaintiff client has no right to unfair occupation of the defendant party. At this point, the notice dec to the respondent party and the real estate sales promise agreement concluded between the parties are also important.)
-The appropriate link between the unlawful behavior of the respondent and the violation of decency (at this point, the discovery that will be made, if necessary, the testimony of neighbors, electricity, water, Internet, etc. the subpoena of invoices from the relevant institutions, the notice of notification to the respondent party, will reveal that the respondent continues its unfair occupation, confiscation was carried out by the respondent)
It has been necessary to open this case for the reasons described above.
LEGAL REASONS: TMK, HMK, TBK, Decisions of the Supreme Court and all other relevant legislation
OUR EVIDENCE :
1-Land Registry Records
2-Notarial Notice
3-Real Estate Sales Promise Agreement
4-The Witness
5-The Oath
6-Exploration
7-Expert Review
8-Subpoena of electricity, water, natural gas, Internet records
CONCLUSION AND CLAIM : For all the reasons described above, which will be considered by Your Court if you re:
1-ACCEPTANCE of our case by the defendant ……. Batıkent Yenimahalle Ankara address to prevent unfair and malicious occupation of immovable property with kain title and to evict it from immovable property at its own expense
2-We request by proxy that all kinds of trial expenses, fees and power of attorney fees be decided to be charged to the defendant party. 20.08.2021
Deputy Plaintiff
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