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My mother passed away and she had a property in Istanbul that she owned. Title of deed or address are no where to be found. all I know is that the property is in Istanbul. there is no documentation at all about anything with relation to the property. all we have is her death certificate and her passport and visa stamp on passport. How can I find out about the property or obtain a new title deed document for inheritance purposes ? we are 2 sons and 1 daughter.
All foreign documents which will be presented to the Turkish government must be internationally legalized with an apostille. Then the document, and the apostille, must be translated into Turkish by a sworn translator. In this guide, I'll explain what an apostille is, how you can get one for your foreign document, and what to do if your country doesn't issue apostilles. What is an Apostille? An apostille is a certificate, issued under the International Apostille Convention, which authenticates the origin of a public document. This makes the document it's attached to a legally recognized document in Turkey, and in other countries which are members of the International Apostille Convention. The Apostille Convention The Apostille Convention (Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents) established an agreed-upon, standard way of legalizing documents between countries. It required each country to designate one or more "competent authorities," as the convention calls them, to issue apostilles. You'll find a list of participating countries on the Hague Conference on Private International Law website. What To Do If Your Country Isn't On the List If your country isn't on the list, then it isn't participating in the Apostille Convention, and therefore doesn't issue apostilles. So you'll have to contact your country's embassy, consulate, or foreign ministry and ask them how to legalize your document for use in Turkey. And you can go directly to "Step 3: Get the Document and the Apostille Translated." The 3-Step Document Legalization and Translation Process While all of this sounds very complex, getting an apostille is actually quite simple, and a lot less intimidating once you understand this three-step process. Step 1: Learn Who the Competent Authority Is and How to Send Documents to Them In most countries, the government office which keeps public documents isn't the same government office which issues apostilles. The office that is authorized to issue them will be specifically named in the Apostille Treaty. There's a handy list of all of the competent authorities, for every country in the convention, here: HCCH Authorities (per Party) Find your country on the list and click on the link which has the words "Competent Authority (Article 6)." That will take you to a page which explains how to contact the competent authority, including a link to a website which should give you information about where to send your document, what the fee is, and how much time it will take. Note: There may be one, or more, competent authorities for each country. For example, in the UK the competent authority is the Foreign and Commonwealth Office (FCO), while each of the UK's overseas territories each has its own. In the USA, each state has its own competent authority, and so does the federal government in Washington, DC). Step 2: Send Your Documents to the Competent Authority Create a cover letter which includes your e-mail address and telephone number, as well as your return address, the name of the document you're sending and its date and document number. Send the cover letter and document by registered mail or cargo delivery service to the address listed on the competent authority's website. What the Competent Authority Does Each competent authority has a file containing the signatures of government employees who are authorized to issue public documents. After receiving your document, they'll check the signature on the document against their signature exemplars. If everything is okay, they'll attach the apostille to your document (or stamp or place a seal on it), and send it back to you. How Much it Costs and How Long it Takes Each competent authority has its own fees, so the cost will vary. The time it takes will also vary according to your choice of delivery method. But once it gets to the competent authority, turnaround time is usually just one or two business days. Step 3: Get the Document and the Apostille Translated After you receive the document with its apostille (or other legalizing document if your country isn't part of the convention), both must be translated into Turkish by a yeminli çevirmen (sworn translator). The translator will then have the translation notarized. For a typical document, this might take as little as one or two hours. To learn more about sworn translators, see Sworn Turkish Translators: What They Do and How to Find One. Your Foreign Document is Now Legal in Turkey! You can now give your document to the Turkish authorities and it will be accepted. It is now as legal in Turkey as it is in your home country. Insider Tip: The notary will stamp both the original document, the apostille, and the translation on the back with his or her stamp. That stamp will include a document number. Photograph or write that number down and keep it for your files. If later you need those same translated and notarized documents, you can simply take that number back to the same notary and ask them to pull it from their files. It will be a lot cheaper than going through the whole process again. Finding a Sworn Translator The Yeminli Çevirmenlik Federasyonu (TURÇEF, or in English, Federation of Sworn Translators) Has a website here: https://www.turcef.net/ At the bottom of the home page is a menu of the regions of Turkey. You can use this to find a listing of sworn translators for your area, which include their contact information and the languages they are authorized to translate to and from. Another way to find a translator is to find a notary first. Notaries work with a specific group of translators who have offices nearby. Finding a Notary You can find all notaries public in Turkey here: http://www.tumnoterler.com/ You can also just walk around the center of town and look for their signs. To learn more about notaries, see Notaries in Turkey: What They Do, Why You'll Need One and How to Find Them. A Note on Private Companies which Arrange Apostilles Important! There are numerous private companies which charge for getting an apostille for your document. They are not "competent authorities" under the Apostille Convention. They simply do everything that I have written above, which you could just as easily do, and charge you for it. Assistance and Support If you have any questions about apostilles or other legal issues, please post them in our Turkish Law Forum. External Links The Apostille Handbook: A practical guide to the Apostille Convention and Apostilles. Assistance and Support Turkey Central Forums: Do you have a question? Search our forums to see if it's already been answered. If it hasn't, feel free to open a new topic. Ken Grubb As a special investigator for the North Atlantic Treaty Organization (NATO) and teacher for the University of Maryland, Ken Grubb has lived and worked in Turkey since 1997. He now lives in Antalya, where he researches and writes guides to help others live skillfully in Turkey.
A Dutch lady owns a holiday apartment together with her British husband. Both names are on the tapu (property title deed). They are both residing in the Netherlands. While on vacation in Turkey last fall, he dies. He has 3 children from another marriage that are British citizens that reside in the UK. 1) He did not leave a will. How much of this property will the children inherit? 75% of the 50% he owned? 2) They all want to sell the apartment. If possible, they don't want to have to travel to Turkey. They are all in agreement, they have a Turkish buyer who lives in Turkey and they want to do it as inexpensively as possible because the sales price is low (25k Euro). How could they do this?
My boyfriend and i want to buy property in the name of our son who is 11. The reason we want to transfer the property to him is that we have other children on either side from different mariages. We were told that this is indeed possible, but im not sure i believe the people who informed us since they are real estate agents who would say anything to make a sale. So can the tapu be in the name of a minor?