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Old 30th September 2017, 13:38   #1 (permalink)
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Transferring property

Hello, new to this but hoping someone might be able to help..
My parents bought a property near Bodrum in 2006 in my mother's name but because of illness they want to transfer the property to my name so that I can deal with selling it if they can't travel over (which is sadly looking more and more likely).

So my question is:
Could we do the paperwork in London (with the solicitor engaging a lawyer in Turkey)? Or does it have to be signed with all of us present in Turkey? I've been told the first option is possible but then another solicitor said Turkish authorities rarely recognize documents signed overseas.

As if to make it even more complicated - the property is in a village where Tapu's are not given (I know, I know). Instead residents have deeds from the mayor, which while not legally binding, sales still go ahead. (Unsurprisingly, few foreigners buy in Guvercinlik!)

Apologies for the essay but any advice really, really appreciated.
Duncan
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Old 30th September 2017, 13:49   #2 (permalink)
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Re: Transferring property

Taking your abnormal circumstances in to account I cant answer however normally it would be treated as a `sale` by parents and a `buy` by you with all relevant taxes etc to be paid.
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Old 30th September 2017, 14:05   #3 (permalink)
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Re: Transferring property

An alternative would be a power of attorney signed outside the country. I think that this is possible but difficult.
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Old 30th September 2017, 14:57   #4 (permalink)
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Re: Transferring property

Duncan the best solution is for you & mum to fly out!! Then go to Notary office with 4 photos of yourselves get a Power of attorney from Mum to you or whomever you feel should have that power !! (not a local! In MY opinion) then you can at anytime in the future dispose of any or all properties legally without involving others !!! As for lack of Tapus that I cannot advise !!! As for doing so through UK lawyers well...... Long drawn out expensive & as above have said Not always recognised by Turkish Bureaucratic laws!!!
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PS My wife & I had power of attorney made up for each other total cost 60 last year
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Old 30th September 2017, 15:54   #5 (permalink)
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Re: Transferring property

Don't forget about the Capital Gains Tax implications. No CGT will be payable in Turkey as your parents have had the house for 5 years or more. They may well have to pay CGT back in the UK as it would be considered a 'second home'.

If you buy it from them, then two problems might exist. Firstly the 5 year period would start again, thus making you liable for CGT in Turkey, then also you may well find yourself with a 'second home' as far as HMRC are concerned. You wouldn't pay in both countries as there are recipricol arrangements.

You get a fairly hefty allowance to offset against CGT (about 11k per person), but then tax at either 18% or 28% kicks in. I'm about to go through this myself, having recently sold our place in Turkey. God knows what HMRC make of Turkish paperwork and valuations!

Good Luck in getting this sorted.

https://www.gov.uk/capital-gains-tax/what-you-pay-it-on
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Old 30th September 2017, 16:01   #6 (permalink)
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Re: Transferring property

Other things to consider are your family situation, do you have siblings?. If you buy it, and your mother dies before it is sold then the inheritance situation would be very different to you having power of attorney, which would cease on the death of your mother. Lots to think about, lots to discuss.
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Old 30th September 2017, 17:27   #7 (permalink)
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Re: Transferring property

Thank you Duke
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Old 30th September 2017, 17:31   #8 (permalink)
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Re: Transferring property

That’s a very good point. As getting to the point of selling seems so daunting I feel like i’ll be happy paying whatever tax, knowing it’s over. Thank you for replying.
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Old 1st October 2017, 08:48   #9 (permalink)
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Re: Transferring property

Duncan you're best to ignore all the ad-hoc casual amatuer advice offered and get an independent professional to deal with this- it's the only way- anything else is just compounding your troubles.

First thing- remember the devil is in the detail, and it's those details that must be dealt with- ad hoc advice without consideration of all those details is simply mis-guided.

Second, DO NOT use a legal advisor in the local area where the property is at because most likely they will be compromised with confllcts of interest and not give you the fair and suitable service you want and need.

To say Turkish courts do not recognise legal documentation executed in a country outside of Turkey is completely inaccurate and mis-leading- so first step is to fire the advisor that told you so.

There are specific procedures and legal frameworks that apply and can be executed by you whilst you are in the UK to do what is necessary. The primary framework is known as the Hague Convention.

Executing a change of title ownership (transfer from one name to the next) can be done while you are in the UK .

The bigger problem is the comment you made about ' no tapu etc etc'- again its a problem that arises because of poor legal advice to begin with. The situation as you describe it for Guvercinlik is almost certainly NOT as you have been led to believe- INSTEAD most likely someone has served up a mickey finn with porky pies for you and yours...so its better to get onto it right away to sort it out, because you CAN get all the money back, or get the title and permits sorted out, but you need to ACT and NOT WAIT- the longer you wait, the more difficult it becomes.

Going to Turkey you are not going to be able to get this unravelled- the right legal advisor will... PM me for more help.
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Old 1st October 2017, 18:00   #10 (permalink)
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Re: Transferring property

Quote:
Originally Posted by IbrahimAbi View Post
An alternative would be a power of attorney signed outside the country. I think that this is possible but difficult.
We did this for my sisters property and car. Did power of attorney in the UK and had it Apostilled (that is important and you need to go to a solicitor that can apostille the POA)

We took the apostilled document to Turkey to get the Apostilled POA translated and notarised.

Once this was done it was straight forward to act on my sisters behalf and transfer the car and Tapu to another person.

Last edited by spanabridge; 1st October 2017 at 18:04..
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