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Old 26th May 2010, 12:45   #1 (permalink)
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Question transferring propery?????

Hi
I am looking for some advice, I part own a property in Belek/Kadriye together with a relative who wants to transfer their share into my name. What is the easiest quickest and cheapest way to do this without any pitfalls. What would it cost if the half was sold to me for a nominal sum as we can do in the uk, or should we just make out a will for it to be left to me in the future? We are wary of handing over tapus and information as there have been so many problems with unscrupulous people recently but it is something that really needs to be sorted urgently.
Thank you
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Old 26th May 2010, 12:49   #2 (permalink)
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Re: transferring propery?????

d1cms welcome to the forum, I am not in your area and sometimes things vary so will not speculate on how to address, however, someone more knowledgeable will be along soon to advise.
Hope you continue to visit the forum it really is a mine of information of all things Turkish.
Enjoy.
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Old 26th May 2010, 13:41   #3 (permalink)
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Re: transferring propery?????

Have a look at this thread Changing Tapu names
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Old 20th December 2010, 16:28   #4 (permalink)
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Re: transferring propery?????

Hi
Thanks Tess and Mushtaq for your reply. I have had a look at the link and it seems that there is no hard and fast answer that anyone has come up with. I have asked a couple of estate agents who also are not too sure but managed to quote me a cost of up to 15% of the property value to get it done! I am sure it wouldnt cost me that much but as usual its the language barrier that causes problems. Hopefully, I will book us a couple of weeks next year and try and get it all done then.
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Old 20th December 2010, 16:46   #5 (permalink)
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Re: transferring propery?????

Please Please Please use a solicitor dont take any risks and all the best to you for cristmas
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Old 20th December 2010, 16:47   #6 (permalink)
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Re: transferring propery?????

Hi,

As your now aware you need to follow the full process again, military permission & new tapu.
I can recommend a friend in Kadriye who helped me sort mine out.
If you require help PM me and i'll put you in touch with my friend, you would have to agree a fee and visit twice, once to reapply for military permission and once to pay taxes and finalise tapu.
You could give them POA but i'd rather go myself and keep everything in your own name.
You can read "my turkish experience" to see the trouble I had.
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Old 21st December 2010, 06:31   #7 (permalink)
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Re: transferring propery?????

Why would they need military permissions again if his/her name is already on the tapu? If it's the same property, which it is then he/she has already got military clearance to own it? I know rules in Turkey are very twisted at the best of times but would you not just have to pay the taxes on the 'sale' of the other half of the tapu and have solely your name put on it?

Sara
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Old 21st December 2010, 10:06   #8 (permalink)
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Re: transferring propery?????

Quote:
Originally Posted by Sara-666 View Post
Why would they need military permissions again if his/her name is already on the tapu? If it's the same property, which it is then he/she has already got military clearance to own it? I know rules in Turkey are very twisted at the best of times but would you not just have to pay the taxes on the 'sale' of the other half of the tapu and have solely your name put on it?

Sara
I think the best person to reply to this question is a solicitor. I had to go through military clearance again and produce 2 photos again. This was done by a solicitor. Thats why I believe only a solicitor can answer.

christine
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Old 21st December 2010, 10:44   #9 (permalink)
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Re: transferring propery?????

Quote:
Originally Posted by d1cms View Post
Hi
I am looking for some advice, I part own a property in Belek/Kadriye together with a relative who wants to transfer their share into my name. What is the easiest quickest and cheapest way to do this without any pitfalls. What would it cost if the half was sold to me for a nominal sum as we can do in the uk, or should we just make out a will for it to be left to me in the future? We are wary of handing over tapus and information as there have been so many problems with unscrupulous people recently but it is something that really needs to be sorted urgently.
Thank you
As you are now aware, the only way to transfer your relatives share to you is to go through the buying process, ie you 'buying' their share. This has been well documented on the forum and you can ask any lawyer here, the answer will be the same.

You can do the process yourself but, if the offices in your area do not have English speaking staff, you will probably need help from a Turkish speaking person. To apply for military permission you will need to purchase the appropriate maps from both the Belediye and the Kadastro. The price of these maps varies from area to area but are very often based on the size of the property. You then make your application at the Tapu office.

When the military permission is returned you will have to get a valuation of the property from the Belediye. This value will be much lower than the actual value. The importance of this document is that you cannot declare a lower value than the Belediye value when you complete the sale process at the Tapu office.

The only other way is for your relative to give you a POA to sell their share but you must remember the inheritance laws in Turkey if either of you die. At the current time land and property are subject to, what is called a reserved portion (again, well documented on the forum) covered by Articles 452-453 of the Civil Code, where children of the deceased have the biggest claim, followed by the spouse, parents, siblings and even grandparents, depending on the circumstances. I can't remember the exact proportions but, if you do a search on 'wills' you will find lots of info.
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Old 21st December 2010, 13:17   #10 (permalink)
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Re: transferring propery?????

And don't count on a 'cheap' apprisal of the current value of the property on your Tapu...
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