Inheritance is not only an emotional burden; it is also a legal process that must be managed carefully. The transfer of immovable property in particular, and its division among the heirs, can lead to long-lasting disputes if it is not planned correctly. So what should happen to an inherited property in the land register?
1. What Is Transfer of Inheritance (İntikal) and Why Is It Necessary?
Transfer of inheritance is the procedure by which immovable property registered in the name of the deceased is recorded in the land register in the names of the heirs. Many people think that obtaining a certificate of inheritance (veraset ilamı) is enough; however, as long as the necessary update is not made in the land register record, the power to dispose of the property remains limited. The transfer procedure formalises the legal passing of ownership to the heirs.
2. How Does the Process Work?
The transfer process generally follows these steps:
- The heirs are determined through a notary or the Civil Court of Peace.
- Tax clearance procedures are completed with the tax office. The transfer request is submitted to the relevant land registry office together with the required documents (certificate of inheritance, identity documents, photographs, the municipality’s assessed value document, DASK, etc.).
- With the transfer, the property passes into the heirs’ “joint ownership in participation” (iştirak halinde mülkiyet). If they wish, the heirs may later move to “co-ownership in shares” (müşterek mülkiyet) and make their shares distinct.
3. Inheritance Partition Agreement: Division by Consent
If the heirs have agreed on how the property is to be divided, they may conclude the process without going to court by means of an “Inheritance Partition Agreement” (Miras Taksim Sözleşmesi). Drawing up this agreement before a notary is the soundest way to prevent disputes that may arise later.
4. Frequently Made Mistakes
- Although there is no statutory time limit for the transfer procedure, delays deepen disputes among the heirs and create ground for third parties to assert claims.
- Joint ownership in participation means that every heir has a right over the whole property. This requires the unanimity of all heirs in transactions such as selling or leasing the property.
The management of an inherited property should be carried out under the guidance of a lawyer in order to prevent loss of rights. A faulty transfer or division process may produce irreversible financial and legal consequences.
We carry out transfer of inheritance procedures throughout Türkiye and manage the process on behalf of our clients.
