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Old 21st April 2016, 20:32   #1 (permalink)
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Property Transfer following a Gift - What is the process?

Hi All,

I have a question relating to the transfer of a property by gift and am hoping someone can help me. I will try to keep this brief:

My father recently gifted our property in Turkey to me. We have a local lawyer in Turkey who has Power of Attorney to effect the transfer of this property. I am travelling out to Turkey in a couple of days and will be meeting with him in person. I am not sure at this stage how much I can trust this lawyer so would be very grateful for your input on the due process (and forms required) to get the TAPU and Iskan following such a gift. Any help you can provide me would be greatly appreciated ahead of my meeting.

Many thanks in advance for taking the time to read and reply.
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Old 22nd April 2016, 07:19   #2 (permalink)
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Re: Property Transfer following a Gift - What is the process?

Hi I have not done this myself but a friend of mine has a Emlek who is a friend of ours advised her it's easier to do it like a sale with no money changing hands.He did for her for a small charge and was very simple hope it helps
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Old 22nd April 2016, 07:37   #3 (permalink)
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Re: Property Transfer following a Gift - What is the process?

This will go through the Tapu office in the same manner as a 'Sale' so that the new Tapu can be issued in your name.

In effect, you will be seen as 'The Buyer' and provided the lawyer has P.O.A. from your Father, yourself, as the Buyer will have to have a Notarised Copy of your Passport, along with a couple of passport sized photos, to hand in with the paperwork that the Lawyer should have accumulated.

The Lawyer should have taken the 'No Debt Certificate' from the relevent Belediye so that Council Tax is accounted for and paid up to include 2016's payments.

All paperwork, with both yourself and the lawyer present on your father's behalf, would be submitted at the Tapu office one morning.
Later in the day,the lawyer will be notified as to how much Tax is to be paid (approx 4% of the value to be shown on the new Tapu), and a time will be given for you to return to the Tapu office to complete the Tapu transfer.
The receipt for the Taxes paid can be handed over at the Tapu office when you meet for this appointment.

The only other requirement. If you are not reasonably fluent in Turkish language, you will need a Registered Translator with you at the Tapu office at time of completion.

It's really very straight forward.

Good luck, let us know how you get on.
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Old 25th April 2016, 12:46   #4 (permalink)
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Re: Property Transfer following a Gift - What is the process?

Thanks for the responses. Very helpful indeed.

However, as I am a British Citizen our lawyer has stated that we need to request permission from the military before we can proceed with obtaining the Tapu at the title deed office. This process will take 1 month and must take place before we can proceed with the next steps to obtain the Tapu. Our lawyer has asked for a limited Power of Attorney (to act on my behalf and carry out the transfer of the property to me).

Does this permission from the military sound plausible to other members?

Thanks again for your time.
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Old 25th April 2016, 17:06   #5 (permalink)
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Re: Property Transfer following a Gift - What is the process?

When your father initially bought the property, Military Clearance would have been applied for at that time if he's not a Turkish Citizen.

Changes in the law some years ago, removed the need for this Military Clearance to be applied for again on the same property, irrespective of you being British.
This law came into operation at the end of 2013 and has been fully applied since Jan. 2014.

If this lawer is going to act for yourself in the transfer of the Tapu, then your father, or someone else that has a Power of Atorney to act on his behalf, must be present to complete the work on the day at the Tapu Office.

The same person cannot hold a POA for both seller and buyer.
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