Claim of Ownership
“İstihkak” literally means “having a rightful claim.” In legal terms, it refers to a lawsuit filed to prove the true ownership of a property despite it being seized. The purpose of this lawsuit is to identify the real owner of the property and to either annul an unjust seizure or establish the legitimacy of the seizure.
Since enforcement offices act with limited authority and only upon request during seizures, if a property that does not actually belong to the debtor is mistakenly seized, or if a property belonging to the debtor is left unseized, filing a claim of ownership becomes necessary to protect ownership against the creditor and to prove ownership against the debtor.
Situations That Trigger a Claim of Ownership
Claims of ownership typically arise in the following situations:
- The seized movable or immovable property belongs to a third party, not the debtor.
- Some items in a jointly used home belong to family members or housemates.
- In married couples, seized property may belong to the other spouse or their family.
- Machines seized at a debtor’s workplace actually belong to another company.
- The property is still occupied by the debtor, even though it has been formally transferred.
In such cases, ownership can be claimed in court using evidence such as documents, invoices, witness statements, or lease agreements.
Process of a Claim of Ownership
- Application Period: A third party who becomes aware of the seizure must assert their claim within 7 days of the seizure at the enforcement office.
- Filing a Lawsuit: If the creditor or debtor objects to this claim, the third party must file a claim of ownership within 3 days.
- Competent Court: The Enforcement Court in the jurisdiction of the enforcement office that performed the seizure has authority.
- Burden of Proof: The claimant must prove, with evidence, that the property genuinely belongs to them.
At Sayın Hukuk, we manage this critical process end-to-end to prevent statute-of-limitations risks, ensure complete evidence submission, and provide strong representation in court.
Common Claim of Ownership Issues
- Intra-family property sharing: Proving which spouse owns property used within the marital household.
- Workplace assets: Intermingling of assets among multiple companies operating in the same space.
- Real estate ownership: Seizures performed on properties where the debtor physically resides, even if not registered as the owner.
- Nominal transfers: Cases where the debtor transfers property to another to evade creditors, but the property still truly belongs to them.
In ownership claims, the court evaluates not only who owns the property, but also whether the seizure was in good faith, whether the property was acquired before or after the debt, and the genuineness of the relationships involved. Strong legal representation is therefore essential.
Sayın Hukuk Approach
Claims of ownership require quick action and technical expertise. At Sayın Hukuk, to protect the assets of clients subjected to wrongful seizure, we provide comprehensive support in:
- Rapid and accurate collection of evidence
- Initiating procedures without missing deadlines
- Strategic preparation of the lawsuit
- Meticulous management of court proceedings
Do not remain silent in the face of violations of your property rights. Even if the property is not in your possession, the law is on your side.