• Nazar Emlak

How is the Title Deed Transfer Made?

Deed transfer is expressed as the transfer or registration of the right of use that belongs any immovable, such as a workplace, land, land or residence, from the former owner to the new owner together with all the official documents. However, there is a slight difference between the transfer transaction and the sale transaction. Title deed transfer is to realize the transfer of immovable property without any demand from any person. In the sale process, a price is determined for the immovable goods. In return for that price, the deed transfer takes place.

How is Title Deed Transfer Done?

Deed transfer usually takes place between family members. This process is called 'free title deed transfer'. When the title deed is transferred within the family, various documents are requested, such as a photographic identity card or a passport photo of the deed transferor and the transferee. As in other title deeds, the transfer of title within the family must be carried out in the title deed directorate to which the immovable property is affiliated. The process that must be completed officially together with the change of ownership of the immovable property is also called deed transfer. It can be useful for individuals to know the current situation when the title deed transfer process is requested for a property that has been sold or a land that has been inherited.

How is Title Deed Transfer Done?

Various differences may arise in different transfer transactions such as inheritance, purchase, or in transactions related to the relatives of the people to whom the transfer has been made, and in the amounts paid. In the standard sales, the required documents are prepared first. Then, an appointment is made before going to the branch by calling ALO 181 or using the e-appointment system through the Land Registry Directorate. When you go to the land registry office on the day and time of the appointment, the deed transfer can be completed by paying the costs of the transaction.

How is the Intra-Family Title Deed Transfer Done?

It is wondered how the title deed transfer occurs between spouses, from mother to son or from father to daughter. It should be noted that the first degree relative is the transfer of title deed. Transfer of title within the family can take place in different ways such as inheritance, grant and sale. Inheritance transfer process must be carried out within the title deed transfer of a property that has been inherited. In transactions involving money, the procedure of deed transfer is applied as a standard, even if they are first degree relatives. If the title deed is transferred to the first degree relative, the real estate must be abandoned by grant or donation. In fact, the point here is whether the property is the subject of exchange between adults. In other words, it means that the parties do not pay any price to each other. After the necessary documents are fully prepared, an appointment is gotten from the title deed. Transactions can be completed easily by paying the deed transfer costs within the family.

What are the Documents Required for Deed Transfer?

After the necessary documents for the transfer of title deed are prepared by the people, the transactions should be made by going to the branch office. The documents required for all kinds of title transfer such as inheritance transfer, grant, sale are listed as below;

ID Information of the Seller and the Buyer or their Authorized Representatives

What should be notified here is that the officer card, driver's license and similar identities are not sufficient for title deed transactions. Foreign people, on the other hand, can make their title deed transactions with a passport. If the sale is made through any representative, a power of attorney must also be present. The power of attorney must be issued by the consulate or notary public. It will be much more useful since there is no general power of attorney in deed transactions and a special power of attorney is sought for real estate sales transactions. If one of the parties is a legal entity at the time of sale, a certificate of authorization containing all the identity information of the company officials must also be presented.

TCIP Compulsory Earthquake Insurance

TCIP, which was established after the Gölcük earthquake of 1999, aims to have compulsory earthquake insurance in all matters with private insurance companies. Thus, it ensures that any damage that may occur in the residences due to earthquakes is guaranteed. As the name suggests, this policy is actually mandatory for all residences. When there is no TCIP policy, it is not possible for a residence to benefit from services such as electricity and water. At the same time, deed transfer transactions will not be made. Immovables such as houses, residences or buildings that do not have a TCIP policy cannot be transferred. Apart from the compulsory earthquake insurance, house owners can also benefit from additional guarantees by having their house insured with one of the types of private house insurance.

Property Tax Certificate

On this document, which is obtained from the municipalities to which the immovable is affiliated, the current market real estate value of the immovable is indicated. The document must be up-to-date, meaning, it must belong to the year in which the transaction was made.

2 Portrait Photographs of Buyer (Last 6 Months)

Those above are the standard documents that may be required for all kinds of title transfer transactions. However, the following documents should be kept regarding the feature of the transaction;

● If the immovable property is mortgaged, a sale negotiation with the enforcement office is required in the event that the sale is made through forced execution.

● If there is a title deed transfer due to inheritance, a certificate of inheritance and a receipt from the tax office of the immovable, showing that the transfer and inheritance tax has not been paid, are required.

● Court negotiation is required in the deed transactions made for the settlement of the partnership in which the immovable is sold by enforcement and the cost is divided among the right holders.

The title deed transfer transactions carried out through the grant and the necessary documents are listed as below;

● Identity documents of the parties are required.

● The title deed of the donated immovable is required.

● Portrait photos of the parties are required. (Must be taken within the last 6 months)

● Power of attorney is required if transactions are to be carried out with a representative.

● Property tax certificate is required.

If there is any deficiency in the documents or if the title deed cannot be transferred due to any other obstacle, it is written on the application document. Afterwards, all procedures related to the process are informed to the applicant via short message.

How Long Does the Deed Transfer Process Take?

After knowing the documents required in the title deed transfer process, many people wonder how long the deed transfer process takes. In fact, the duration of this process varies according to the required documents and characteristics of the real estate to be transferred. If the documents are completed easily, the title deed transfer process will be completed within one day. The fact that the real estate is fully insured against various risks after the title deed transfer process is also a very important situation in terms of being more secure in case of possible damage.

Web Title Deed System

Currently, title deed transfer transactions can be done completely online. The web title deed system is open to everyone's usage. Through this system, legal and real persons can follow the status of real estates and perform title deed transactions online. On the application screen, the phone numbers of the buyer and the seller, the e-government password, the T. C. identification numbers of the seller and the buyer should be given to the land registry office to which the real estate is affiliated. The fees to be paid over the Land Registry Directorate must be calculated and reported. After the payment of the fees, the parties are informed about the web title appointment date and time via short message. The parties go to the land registry office only to sign a wet signature. Deed transfer transactions are carried out very quickly through the web title deed system.