The existence of several heirs in the land registry record of an inherited property does not mean that each heir holds a specific share of that property which they can sell on their own. Where the property is subject to joint ownership, the heir's right is, as a rule, the right to an inheritance partnership, which extends to the whole estate. Conversion into co-ownership in shares turns this union into common ownership with defined shares. It does not physically divide the house or the plot. [1; Turkish Civil Code Articles 640, 644, 688 and 701–703]
For this reason, the goal must be determined first: do you want your own share to be shown in the land registry, do you want a specific flat to be left to you, or do you want the property sold? These three goals require different procedures. The explanations below concern joint ownership arising from inheritance. The same land registry route cannot be used directly for joint ownership that arose from other causes, such as a simple partnership.
Joint Ownership and Co-ownership in Shares: The Difference
In joint ownership, the ratio in the certificate of inheritance shows the heir's share in the estate. It cannot be said that an independent land registry share, freely disposable over each property, has already arisen. Apart from exceptions provided by law or contract, the heirs must act together for management and disposal. The transfer of an heir's own inheritance share is governed by separate rules. [1; Articles 677, 701–702]
In co-ownership in shares, each co-owner holds a defined proportion. Subject to legal restrictions, this share may be transferred, mortgaged and attached by a creditor. However, decisions concerning the property as a whole remain subject to the management rules of co-ownership in shares. Conversion does not solve every problem of shared living and use.
| Transaction | Main result | Result it does not bring about by itself |
|---|---|---|
| Conversion from joint ownership to co-ownership in shares | Registration in defined shares according to inheritance proportions | Physical division of the garden or the house |
| Inheritance partition agreement | Allocation of assets or rights by agreement | Change of the registry in every case without the necessary land registry steps |
| Dissolution of co-ownership | Partition in kind or termination of the co-ownership by sale | Each heir obtaining the specific asset they want in every case |
For example, where there are three equal heirs, after conversion each of them becomes a one-third co-owner of the property. A result such as "the ground floor to the first brother, the upper floor to the second, the garden to the third" does not follow from conversion. For such an arrangement, partition, a use agreement, zoning and, where necessary, the conditions for condominium ownership must be examined separately.
Can a Single Heir Apply to the Land Registry Directorate?
Additional Article 3 of the Cadastre Law No. 3402 sets out the land registry route for converting joint ownership arising from an inheritance partnership into co-ownership in shares. One heir may apply. The land registry director issues a notice (çağrı) to the other heirs and asks them to report any objections within a period the director sets. Notification costs are charged to the applicant. [2; Cadastre Law, Additional Article 3]
Where the statutory conditions are met, no objection to the continuation of joint ownership is raised, and no partition action is filed within the notified period, the property is registered in the heirs' names on the basis of co-ownership in shares. It is not necessary for all heirs to come to the land registry on the same day; that is not a mandatory starting condition of this special application route. However, a unilateral request cannot lead to registration without proper notification and without waiting for the outcome of the process.
The administrative objection and the court's assessment under Article 644 of the Turkish Civil Code (TMK) must not be confused. The land registry directorate does not resolve a complex dispute over inheritance or ownership the way a court would. Where the land registry route does not produce a result because of an objection, a partition action or registry problems, the judicial route suited to the nature of the dispute is considered. Rejection of a land registry application does not necessarily mean that a direct action for annulment with the same content must be brought.
Which Documents Are Prepared for the Land Registry Application?
An up-to-date certificate of inheritance, the block and parcel details of the property, population and death records showing all heirs, addresses suitable for service, identity documents and, if the application is made through an attorney, a power of attorney containing the appropriate authority should be prepared together. If an heir has died in the meantime, a document showing that heir's own heirs is also required. Attachments, mortgages, interim injunctions and earlier transfers of inheritance shares must be investigated separately. Where heirs are abroad, the article Inheritance Procedures Before Coming to Türkiye may be consulted.
The acceptance, translation and form of documents issued in a foreign country are assessed according to the type of document and the country concerned. An unknown address gives no right to skip notification. For agricultural land, the special regime under Law No. 5403 and the provisions tied to the date of death must be checked separately; not every property can be handled as ordinary housing. [1; Article 598; 2; Additional Article 3; 9]
How Is Conversion Requested from the Court?
Under Article 644 of the Turkish Civil Code (TMK), one of the heirs may request conversion from the civil court of peace for all or part of the estate's assets. It is not mandatory to include every property in the same application. However, the assets requested and the chain of inheritance must be clearly identified, and all heirs affected by the request must be heard in accordance with procedure. [1; Article 644; 3; Article 4]
In a claim that changes the form of ownership of a property, the exclusive jurisdiction of the court where the property is located is observed. The existence of properties in several places, the joint hearing of claims and their connection with other cases must be assessed separately. A standard petition based only on the deceased's last place of residence may not be correct for every property claim. [3; Article 12]
The application asks for current records to be obtained, the heirs and their shares to be identified, the statutory summons to be made to other interested persons, and the assets concerned to be converted into co-ownership in shares according to inheritance proportions. In this file, the court does not decide on its own initiative on a sale or a physical partition that has not been separately requested and whose conditions have not been met.
Why Are the Summons and Objections Important?
The civil judge of peace issues a summons to the other heirs, asking them to report their objections within a period the judge sets. The law contains no fixed "30-day conversion objection period" that applies to every file. The period must be tracked from the court's summons and the date of proper service. Where a child heir, a person under guardianship or a representative has a conflict of interest, representation and, where necessary, the appointment of a trustee (kayyım) must be resolved.
An objection that justifies the continuation of joint ownership, or a partition action filed within the time limit, affects the outcome of conversion. It cannot be said that every statement "I do not want this" is necessarily sufficient, nor that an objection has no effect at all. The contract on which the objection rests, the obstacle to partition, a pending lawsuit or the dispute over the right must be made concrete. [1; Articles 426, 642–644]
Is Mediation Required Before Filing Suit?
Law No. 6325, Article 18/B, regulates pre-litigation mediation for disputes concerning the partition of movable and immovable property and the dissolution of co-ownership. Academic opinion differs on whether conversion from joint ownership to co-ownership falls within this scope. That debate does not mean that an administrative application to the land registry directorate is automatically subject to mediation as a condition of suit. [4; Article 18/B]
Nesibe Kurt Konca and Emel Badur argue that a conversion request should be assessed as subject to mediation as a condition of suit. Abdülhamit Yılmaz notes that there are two views and suggests that, until practice becomes clear, applying to mediation reduces the risk of rejection on procedural grounds. These are academic assessments; they do not on their own bind all courts. When preparing a lawsuit, it is prudent to check current local practice and the content of the request, and to complete the mediation stage. [5–6]
How Does a Mediation Settlement Appear in the Land Registry?
The settlement text must clearly show which properties will be converted, according to which certificate of inheritance and in which shares. Conversion in inheritance proportions and changing the shares in exchange for payment are not the same transaction. In the second case, the transfer, its form, the fees and the protection of other rights holders arise as separate questions.
The relevant provision of Circular No. 2024/5 of the Land Registry and Cadastre General Directorate (TKGM) requires the certificate of inheritance to be presented for an agreement on transfer to co-ownership in shares according to that certificate. Where the will to convert has been reflected in the agreement of all heirs, it does not require a fresh notice to those who did not apply. At registration, the enforceability requirements under law and the land registry requirements must be examined together, according to the content of the agreement. A signed meeting record alone does not make every land registry transaction possible. [4; Articles 17/B and 18/B; 10]
Can a Non-Heir Request the Conversion?
Article 644 of the Turkish Civil Code (TMK) grants the right to apply to an heir. It cannot be assumed that a person who has obtained a promise of sale of a property from an heir may apply directly, as an heir would, merely because of that contract. The validity of the promise of sale, the possibility of performance and the rights that may be claimed are examined separately. A creditor's authority arising from enforcement law requires a different legal basis. [1; Articles 644 and 677; 7]
In the decision of the Court of Cassation 7th Civil Chamber (Yargıtay 7. Hukuk Dairesi) dated January 15, 2024, the direct conversion request of a non-heir creditor under a promise of sale was separated from the performance of the contract after conversion. Because a move to co-ownership during the proceedings may affect the assessment of the registration request, the court accepted that the current land registry record must be investigated. The importance of the decision lies in not assuming that the initial joint ownership situation remained unchanged until the end of the file. [7]
For the creditor's position, see the article on [attachment of an inheritance share](). The transfer of the inheritance share itself is covered separately in the article on transfer of an inheritance share.
Sale, Pre-emption and Attachment After Conversion
Once co-ownership in shares has been established, a co-owner may transfer their share, subject to legal restrictions. However, if the share is sold to a third person, the statutory right of pre-emption of the other co-owners may arise. Compulsory auction and voluntary sale are not subject to the same rules. The conclusion "I can now sell my share without limits" should not be reached without examining the pre-emption period, the form of notice and the land registry procedure. [1; Articles 688 and 732–734]
An existing mortgage or attachment does not disappear merely because of a conversion decision. Once the specific share of the debtor heir has been formed, the route to sale open to the creditor may change. It cannot be said that the shares of the other heirs are automatically attached for a personal debt. Disputes over use may also continue. Even where the shares have been determined, one heir using the whole house may separately give rise to claims by the other heirs for use and compensation.
What Happens If Registration Is Made with the Wrong Share?
Correct reading of the certificate of inheritance is one of the most important stages of the process. Writing equal shares for all heirs when a surviving spouse, grandchildren from different branches and successive deaths are involved may cause serious loss of rights. Conversion is not a reason to change the inheritance proportions.
In the decision of the Court of Cassation 1st Civil Chamber (Yargıtay 1. Hukuk Dairesi) dated October 20, 2025, registration with incorrect proportions during conversion and subsequent transfers were examined. It was emphasized that a correction producing a transfer of ownership cannot be made like a simple administrative share adjustment, and that the good faith of the subsequent purchaser must be investigated. That decision concerns the consequences of erroneous registration more than the conditions for accepting a conversion request; it does not show that every error can be corrected through the same administrative route. [8]
When a wrong share is noticed, the current and earlier land registry records, the certificates of inheritance on which they were based, the registration request document and any subsequent transfers must be examined together. Whether a registry correction, cancellation of the certificate of inheritance, or a claim for cancellation of title and re-registration is needed depends on the source of the error. Where there is a risk of transfer to a third person, the conditions for an interim injunction are also assessed. [1; Articles 1023–1025; 3; Article 389 et seq.]
Time Limits, Costs and File Preparation
There is no single time limit for bringing an action for conversion that runs from death in every case. However, the objection period set by the court or the land registry directorate, the appeal periods in ongoing lawsuits and the periods for related claims must be tracked separately. Whether a decision can be appealed, and the time limit for appeal, depend on the type of decision; the general appeal period under the Code of Civil Procedure (HMK) is two weeks from service. That period is not the same as the objection period in the conversion summons. [3; Articles 341 and 345]
In the land registry application, service and transaction costs may arise. In the litigation route, court fees, an advance on costs, service costs and, where necessary, expert costs may arise. Mediation and attorney fees are also subject to their own principles. A fixed total fee or an end date cannot be given without knowing the number of heirs, the service abroad and the chain of records.
In preparing the file, the entire chain of inheritance must first be extracted, and then the land registry records and the desired outcome must be matched. Agricultural land, a minor heir, an attachment or a partition action already filed must be identified before the application. In this way it becomes clear whether a move to co-ownership really meets the need. An unnecessary intermediate step should not be proposed to someone whose only problem is use or sale.
Conclusion
Converting joint ownership into co-ownership in shares makes the heirs' shares visible in the land registry and makes transactions on shares easier. A successful application depends on the correct certificate of inheritance, complete service, the assessment of objections and the particular situation of the property. The land registry route, the court route and a mediation settlement each operate under separate conditions. It must also be borne in mind that use, pre-emption, attachment and partition problems may continue after conversion.
For the related aspects of the subject, see also our article on attachment of an inheritance share and our page on inheritance law and inheritance actions.
Frequently Asked Questions
Does the House Get Divided When Joint Ownership Becomes Co-ownership in Shares?
No. The shares are determined; physical division, or allocating a specific floor to one heir, requires a separate procedure. Detailed comparison.
Must All Heirs Go to the Land Registry Together?
Under the route of Additional Article 3 of the Cadastre Law, a single heir may apply; the other heirs must be notified and the statutory conditions completed. Land registry application.
Can Conversion Be Requested for a Single Property?
Yes. Article 644 of the Turkish Civil Code (TMK) allows an application for all or part of the estate's assets. Court route.
Which Court Has Jurisdiction?
The claim under Article 644 of the Turkish Civil Code (TMK) is brought before the civil court of peace, and the exclusive jurisdiction over the property is also checked. Jurisdiction and venue.
How Long Is the Objection Period for a Conversion Summons?
There is no fixed period in every case; the period stated in the summons and the date of service are the basis. Summons and objections.
Does One Heir's Objection Definitively Block Conversion?
The land registry route and the court route must be kept apart. In court, an objection justifying the continuation of joint ownership and a partition action filed within time are what matter. Effect of objections.
Can a Lawsuit Be Filed Without Mediation?
Views differ on the scope. The content of the request and current practice must be checked, and the mediation stage should be considered to reduce the risk of rejection on procedural grounds. Mediation explanation.
Can a Creditor Under a Promise of Sale Directly Request Conversion?
A non-heir may not be treated as an heir merely because of a promise of sale. Performance of the contract and other statutory powers are assessed separately. Right to apply.
Is an Attachment Lifted When Co-ownership Arises?
No. The basis of the attachment and the right on which it rests are examined separately. Conversion may affect the creditor's route to sale. Attachment and sale.
Can I Sell My Share After Conversion?
Subject to legal restrictions, the share may be transferred; a sale to a third party may give rise to pre-emption rights for the other co-owners. Consequences of a sale.
What If the Wrong Share Is Recorded in the Land Registry?
It is investigated whether the error comes from the certificate of inheritance or from the registration, and what subsequent transfers have occurred; not every error can be corrected by a simple administrative adjustment. Registration with the wrong share.
How Long Does the Process Take and What Does It Cost?
The number of heirs, notifications, objections and special records are decisive. A fixed period or total cost cannot be stated without examining the file. Time limits and costs.
Sources and legal bases
- Turkish Civil Code No. 4721, in particular Articles 426, 598, 640–644, 677, 688, 701–703, 732–734 and 1023–1025; consolidated text checked on October 13, 2026.
- Cadastre Law No. 3402, Additional Article 3.
- Code of Civil Procedure No. 6100, Articles 4, 12, 341, 345 and 389 et seq.
- Law No. 6325 on Mediation in Civil Disputes, Articles 17/B and 18/B.
- Nesibe Kurt Konca and Emel Badur, “Mediation as a Condition of Suit in Partition and Dissolution of Co-ownership Disputes” (Paylaşma ve Ortaklığın Giderilmesi Uyuşmazlıklarında Dava Şartı Arabuluculuk), Hacettepe Law Faculty Journal (Hacettepe Hukuk Fakültesi Dergisi), 16(3), 2026, pp. 536–593, especially pp. 554–555. Article.
- Abdülhamit Yılmaz, “Assessment of the Innovations Brought by the 2024 Mediation Minimum Fee Schedule” (2024 Yılı Arabuluculuk Asgari Ücret Tarifesinin Beraberinde Getirdiği Yeniliklerin Değerlendirilmesi), İnönü University Faculty of Law Journal (İnönü Üniversitesi Hukuk Fakültesi Dergisi), 15(1), 2024, pp. 101–115. Full text.
- Court of Cassation 7th Civil Chamber (Yargıtay 7. Hukuk Dairesi), January 15, 2024, E.2022/6973, K.2024/160. Republished text of the decision.
- Court of Cassation 1st Civil Chamber (Yargıtay 1. Hukuk Dairesi), October 20, 2025, E.2024/4745, K.2025/4616. Republished text of the decision.
- Soil Protection and Land Use Law No. 5403, special provisions on agricultural land subject to inheritance.
- Land Registry and Cadastre General Directorate (TKGM), Circular No. 2024/5 of November 29, 2024, “Mediation Practices in the Land Registry” (Tapu Sicilinde Arabuluculuk Uygulamaları), Section III/14 and other matters. Text republishing the circular.