It concerns those with shared title deeds: Critical decision from the Constitutional Court

Turkey’s Constitutional Court (AYM) struck down the rule allowing a judge to set the market value of a co-owned share when a right of pre-emption is exercised in shared property, finding it unconstitutional; the annulment takes effect in nine months. The decision affects owners of “hisseli tapu” shared-title deeds, who rely on pre-emption rights to buy a co-owner’s share before it is sold to a third party. The ruling removes judicial discretion over the share’s “rayiç bedel” (fair market value) during that process, a key variable in pricing such transfers. Watch for Parliament to pass replacement legislation within the nine-month window and for courts to adjust pending pre-emption cases.