INHERITANCE TRANSFER OF OTTOMAN TITLE DEEDS
The term “Ottoman title deed” is a concept used to refer to records of real estate ownership from the Ottoman period. From a legal perspective, it encompasses registry books that document the ownership status, usage rights, and disposal transactions of immovable properties in the Ottoman Empire. The practice of maintaining land registries in the Ottoman State was systematically structured, particularly from the Tanzimat Era onwards, and land title records began to be kept by official institutions. However, these records did not reflect individual ownership in the modern sense; rather, they indicated who was using the land under the state’s authority and under what conditions it was being utilized.
The legal status of Ottoman title deeds is regulated under Article 19 of the Law on the Enforcement and Implementation of the Turkish Civil Code No. 4721. This article contains significant provisions regarding the validity of land title records from the Ottoman period and how they are assessed within the new legal system.
According to this provision, the legal validity of Ottoman title deeds within the modern legal system is subject to certain conditions. To claim ownership based on an Ottoman title deed, the land record must have been registered and preserved following the adoption of the Civil Code in 1926. Otherwise, these title records are deemed legally invalid and revert to state control.
THE PROCESS OF INHERITING AN OTTOMAN TITLE DEED
The transfer of Ottoman title deeds to heirs today requires the fulfillment of specific legal procedures. The registration of an Ottoman title deed under the rightful owner’s name ensures the protection of ownership rights and enables the inheritance process to be carried out. In this process, the first step is to identify and translate the Ottoman title deed. The authenticity of the document from the Ottoman period must be verified, and it should be translated into Turkish by a sworn notary translator. Details such as the province, district, neighborhood, owner information, date, and volume numbers must be accurately translated for use in official documents.
In the second step, an application must be made to the relevant land registry office to determine how the Ottoman title deed has been converted in official records. Examinations conducted through the Land Registry Directorate, the General Directorate of Land Registry and Cadastre, or regional land registry and cadastre offices will determine whether the title deed is recorded in registry books or modern land records. This research is crucial for understanding the current legal status of the property.
The third step involves reviewing cadastral records. The registration of the property subject to the Ottoman title deed in cadastral surveys is a decisive factor. If the property was registered in the name of a family elder during cadastral processes between 1960 and 1985, ownership rights are considered preserved. However, if the title deed was registered under the name of third parties, heirs may need to file a lawsuit for title cancellation and registration.
In the fourth step, if the property is still registered under the name of the deceased in the land registry, the heirs must obtain a certificate of inheritance (veraset ilamı) from the Civil Court of Peace. The certificate of inheritance is a legal requirement to prove ownership rights over the property and serves as the fundamental document for initiating the inheritance transfer process.
Once the certificate of inheritance is obtained, an application must be submitted to the relevant land registry office for the inheritance transfer. During this application, a notarized translation of the Ottoman title deed, the certificate of inheritance, identity cards and residence information of the heirs, as well as payment receipts for title deed fees and revolving fund charges, must be presented. The complete submission of these documents ensures the smooth legal completion of the inheritance process.
In the final step, after the land registry office completes its review, the heirs’ ownership rights over the property are registered in the land registry. However, if the property is found to be registered under another person’s name, heirs may need to file a lawsuit for title cancellation and registration to reclaim ownership of the property.
THE LEGAL STATUS OF OTTOMAN TITLE DEEDS IN TODAY’S LAW
The transfer of Ottoman title deeds remains a significant legal issue today. In particular, disputes can arise between individuals claiming rights based on old title deeds and the state. Courts, when resolving such disputes, base their decisions on Article 19 and examine whether the property’s current title records align with the Ottoman deed.
As a result, although Ottoman title deeds are not directly recognized as valid in the modern legal system, it is acknowledged that ownership rights may persist if specific procedures are followed and the deed is properly registered. This requires a meticulous evaluation of the legal validity of title records.
The inheritance transfer of Ottoman title deeds is a process that necessitates careful examination from both historical and legal perspectives. Gathering the correct documents, cooperating with the relevant authorities, and seeking judicial intervention when necessary will ensure the clarification of the property’s legal status for the heirs.
