KÜHEYLAN HUKUK
Preemption Right and Preemption Case: New Era After Law No. 7571, TMK art. Rights Holders Pursuant to Articles 732, 733 and 734, One-Year Forfeiture Period, Deposit of Current Price and Transition Provisions (2026) Updated as of 2026
If one of the stakeholders in a jointly owned real estate sells its share to a third party, other stakeholders can first acquire this share by filing a lawsuit against the buyer. Law No. 7571, which came into force on December 25, 2025, significantly changed this right. The lawsuit must now be filed within three months from the notification of the sale through a notary public, and in any case within one year from the sale. The plaintiff must pay in cash the current price and title deed expenses determined by the judge, within a certain period of time, not the price shown in the title deed. Previously, the waiver was made official and annotated in the title deed, and sales within the scope of the State Procurement Law were also excluded from the right. For sales made before December 25, 2025, the old provisions apply in terms of time periods.
Share real estate requires a relationship of trust between stakeholders. If one of the stakeholders sells its share to a person they do not know, it may disrupt the usage and management order. In order to reduce this risk, the legislator has given the stakeholders the opportunity to acquire the share themselves instead of an external person participating in the partnership. Thus, the partnership remains among the existing stakeholders and the number of stakeholders is prevented from increasing.
Pre-emption right is divided into two: statutory and contractual. This guide deals with the legal right of pre-emption, which is much more common in practice. Contractual right of pre-emption, TMK art. It is officially established in accordance with Article 735 and becomes assertable against third parties by annotating the title deed.
TMK m. According to Article 732, the legal pre-emption right only exists in shared ownership. In joint ownership, for example, in an inheritance that has not yet been shared, the heirs do not have a legal right of pre-emption. If the heirs have shared ownership in the title deed, the right of pre-emption arises since the shares have become certain. There is no right of pre-emption in the sales of independent sections in buildings where condominium ownership has been established; because each independent section is a separate property issue.
The right of pre-emption arises when the share is sold to a non-shareholder. Rights cannot be used in sales between stakeholders. Donation, barter (exchange of property) and transfer to heirs do not create the right of pre-emption. If a transaction that is actually a sale is presented as a donation or barter in order to prevent the right of pre-emption, a pre-emption lawsuit can be filed with the allegation of collusion.
TMK art. amended by Law No. 7571. The right of pre-emption cannot be used in sales made by forced auction in accordance with Article 733/1 and in sales made within the scope of the State Procurement Law No. 2886. Thus, the shares sold by public administrations through tender are free from preemption risk.
The sale is notified to other stakeholders by the buyer or seller through a notary. TMK m. In accordance with the new last paragraph of Article 733, the pre-emption right expires after three months have passed since the date on which the sale was notified to the right holder, and in any case, one year has passed since the sale. Before the change, this maximum period was two years. The deadlines are obligatory and are automatically observed by the court.
If the sale is reported through a notary Within three months from the date of service of the notice (in any case, one year from the date of sale)
If the notification is made other than a notary (verbal, message) The three-month period does not count; One year maximum period is taken as basis
If the sale was made before December 25, 2025 Due to the transitional provision, the old rules apply: three months and in any case two years.
In practice, stakeholders often learn about the sale when they query the land registry. The one-year maximum period significantly increased the risk of loss of right if this learning was late. For this reason, checking the title deed records of shared real estate at regular intervals via e-Government is no longer a precautionary measure, but an obligation.
The most radical change of Law No. 7571 is on the price issue. In the old practice, as a rule, the plaintiff would pay the sales price shown in the title deed, and the parties' showing a low price due to tax concerns would have a result in the plaintiff's favor. New TMK art. In accordance with Article 734/2, the market value of the share in question is determined by the judge without delay. The owner of the pre-emption right is obliged to deposit the determined market price and the title deed expenses falling to the buyer in cash, to be accrued, to the place determined by the judge and within the given period.
If this obligation is not fulfilled within a certain period of time, a registration decision cannot be made on behalf of the plaintiff. The deposited amount is paid to the relevant party together with the interest when the verdict is finalized. According to the transitional provision, this fee rule also applies to cases filed before the change. Therefore, it should be taken into account that in pending preemption cases, the current price will be taken as basis instead of the price in the title deed.
This change changed the economic calculus of the preemption case. Before filing a lawsuit, the market value of the share should be estimated by an expert and it should be planned whether this amount can be covered in cash in a short time.
TMK m. In accordance with Article 734/1, the right of pre-emption is exercised by filing a lawsuit against the buyer; The vendor stakeholder does not have to be the defendant. The case is filed in the Civil Court of First Instance, where the real estate is located. If more than one stakeholder exercises their pre-emption right, the sold share is shared among these stakeholders in proportion to their shares. Preemption litigation is not within the scope of mandatory mediation; However, the share can be transferred by consent by negotiating with the buyer before the lawsuit.
Once the lawsuit is filed, a preliminary injunction should be requested in the land registry to prevent the buyer from transferring the share to someone else.
New TMK art. 733/2 distinguishes two situations. Waiver of the right of pre-emption in general, that is, for all future sales, must be made formally and annotated in the land registry. Waiver of exercising the right of pre-emption for a particular sale is subject to written form and can be made before or after the sale.
The safest way for buyers is to obtain a written disclaimer from other stakeholders specific to that sale before the sale. Notarization of the signatures of this declaration reduces the risk of objection to the signature in the future.
There are five stakeholders on a 2,000 m² land in Sancaktepe. One of the stakeholders sold 1/5 of its share to an investor in March 2026. The price in the title deed was shown as 900,000 TL, but according to similar sales in the region, the market value of the share is approximately 2,000,000 TL. Notary notification was not made to other stakeholders, and one of the stakeholders learned of the sale in October 2026 while inquiring about the title deed record via e-Government.
Since the sale is made after December 25, 2025, new rules apply. Since there is no notary notification, the three-month period has not started; However, the one-year maximum period will expire in March 2027. The stakeholder must file a lawsuit before this date. Since the court will determine the market value of the share, the plaintiff will have to pay the market price and title deed expenses of approximately 2,000,000 TL in cash within a certain period of time, not the 900,000 TL in the title deed. Whether this amount is affordable or not should be evaluated before filing a lawsuit.
If I sell my share to my brother, can other stakeholders exercise the right of pre-emption?
No, if the sibling is also a shareholder in the same real estate; There is no right of pre-emption in sales between stakeholders. If the brother is not a shareholder, the right arises.
Can pre-emption rights be exercised for shares sold through execution or public tender?
No. TMK m. The right of pre-emption cannot be used in sales made by forced auction in accordance with Article 733/1 and in sales within the scope of the State Procurement Law No. 2886.
The sale was made in 2024, is the period one year or two years?
According to the transitional provision of Law No. 7571, the old provisions apply in terms of periods for sales made before December 25, 2025; The maximum period for these sales is two years. However, the fair value rule in terms of price also applies to cases filed before the change.
Would it be advantageous if a low price was shown in the title deed?
No in the new order. Since the judge determines the current value of the share, the low price in the title deed no longer provides an advantage to the plaintiff.
Missing the one-year upper period for new sales by relying on the old two-year period.
Failure to make calculations according to the value in the title deed and deposit the current price determined by the judge in cash within a certain period of time.
To file a preemption lawsuit on jointly owned inheritance real estate.
Not filing a lawsuit against the seller stakeholder and not naming the buyer as a defendant.
Receive the general waiver in ordinary written document; General waiver requires official form and annotation on the title deed.
The right of pre-emption continues to be a powerful tool that protects the stakeholder's control over the partnership in shared real estate. However, with Law No. 7571, reducing the period to one year and determining the price based on market value has made the case a way to be filed in a shorter time and to be planned more carefully financially. For the buyer and seller, notary notification and written waiver declaration are simple steps that quickly end the uncertainty.
Küheylan Law Firm prioritizes legal security in shared real estate transactions by ensuring that stakeholders use their pre-emption rights in accordance with the new time and price rules and that buyers complete the notification and waiver procedures before the sale.
Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Legislation and Supreme Court practice may change over time; The unique circumstances of each dispute require a separate legal assessment. Küheylan Law Firm cannot be held responsible for the consequences that may arise from transactions based on this text.
KÜHEYLAN HUKUK