New era in inheritance sharing among siblings: Notary requirement officially removed in title deeds

While the prolonged process escalated family disputes, the shuttle period between the land registry office and the notary has officially ended. The new inheritance law regulation, implemented in 81 provinces across Turkey, has caused a revolution in title deed transfers, making the process much more practical, fast, and cost-free.

"Written agreement" will be sufficient in transfers between siblings

The most crucial point of the new system is the abolishment of the notary approval obligation applied for years in inheritance transfers among siblings. The conveniences brought by the new era are listed as follows:

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• Simplified Procedure: Siblings will be able to complete the title deed procedures with a simple written agreement prepared and signed with a wet signature among themselves for the transfer of an inherited property.

• Cost and Time Savings: Since notary certification will no longer be required, thousands of Turkish Lira in additional expenses will remain in the citizens’ pockets. At the same time, days-long appointment and document preparation processes will be eliminated.

• Quick Resolution of Disputes: Easier procedures will ensure that especially inheritance distributions with high tension conclude as soon as possible, preventing possible grievances and legal disputes.

Sales processes and boundaries become transparent in shared title deeds

These innovations in inheritance law not only affect transfer procedures but also put the management and sales of jointly owned (shared) title deeds on a much more transparent basis. With new regulations to be made at the Land Registry Directorate, uncertainties faced by shareholders will be resolved.

• Clarification of Boundaries: After the completion of the transactions, parcel boundaries in shared lands and who owns which area will be recorded much more precisely.

• Joint Decision and Proxy Possibility: In the sale of shared title deeds to third parties, the common will and decision of all shareholders will continue to be sought. However, the obligation for all shareholders to be physically present at the land registry office is eased. Sales and transfer processes can be easily carried out through a lawyer appointed by the partners or with a single power of attorney given.

• End of Loss of Rights: When the sale is made, the revenue obtained will be paid directly to the parties proportionally to each shareholder’s legal share via transparent calculation.

Source: News Center