What is a right of redemption?

A variant of the right of altitude means the right to full enjoyment on a movable or immovable property. The word intifa, a word of Arabic origin, has several similar reciprocity in our language, such as “benefit, benefit and use”.

The right to redemption; various real estate, securities, possessions, rights owned by a person and a certain property can be applied in particular. This type of right, which gives the right holder full access to the relevant property, can be limited only in the case of certain regulations that can be made in exceptional circumstances. If the right to redemption is intended to be established on immovable property, registration in the deed is mandatory in order for this transaction to take place.

How to Earn the Right to Redemption?

There are more than one way to gain the right to benefit and, in this way, to be entitled to any property, movable or immovable. These types, which differ from each other according to the forms of acquisition, are divided into many different titles such as acquisition of the right through contract, acquisition of the right originally, legal acquisition, acquisition of the right to profit by statutory withdrawal.

• İntifa Hakkını Sözleşme Yoluyla Kazanmak

The acquisition through the contract, which appears as the type in which the right to profit is most earned, occurs through the issuance of the official contract and registration of the deed by the person who is the title officer in the case of immovable property.

The right arising in movable goods is established thanks to the realization of the contract and the completion of the necessary processes and the transfer of ownership of movable goods to the owner of the right to the beneficial owner.

• İntifa Hakkını Aslen Kazanmak

The second form of acquisition is originally in question when it comes to winning, as a result of situations that arise due to the provision of a particular law, a certain person can win the right to profit on a movable or immovable property.

• Kanuni İntifa Hakkı

The right to legal redemption refers to the type of right that is explicitly stated in the law and does not need to be done anything extra for its acquisition. Issues such as the right to revenge in inheritance from the deceased spouse, the right to family property of a minor child living under the custody of the mother and father, are included under the title of legal acquisition.

• Zamanaşımı ile İntifa Hakkı Kazanımı

Acquisition, originally a subtype of earning, takes place as recognition of the right to the person who has priority before the law after a certain time frame has passed on movable or immovable goods. In movable goods for 5 years, without bad intentions, without problems and continuously, the person who owns the property becomes the owner of beneficial rights on the goods through the lapse of the period of 5 years at the end of the period of 5 years.

Acquisition of this right in immovable property, especially in various real estate, is valid after the usual and extraordinary process of restraining. The usual timeout corresponds to a period of 10 years. Extraordinary limiting means that a non-contending ownership of the relevant property lasts for 20 years. At the end of these processes completed smoothly, the person concerned comes to the position of the owner of the right to the property. You can take advantage of modern tools offered by Index, a real estate valuation platform for location and region analysis of the housing you own.

Features of the Right to Redemption

Among the most basic features of the right to redemption,

• Hak sahibine tam yararlanma yetkisi tanımlaması
• Hak sahibi olan kişiden ayrılamaz olması, başka birine geçirilememesi ya da devredilememesi
• Mirasta intifa hakkı söz konusu olduğunda da intifa hakkına sahip kişinin bu hakkı başkasına tanımlayamaması yer almaktadır.

Hukuki Niteliği

The legal nature of the right to benefit means that a certain person has the right to full enjoyment over a property, various rights or rights, movable or immovable property belonging to one of them. The owner who has the right to profit has the power to take advantage of all transactions that will take place on the goods that are the subject of the right ownership, to provide profit and to use the property.

Obligations of persons entitled to redemption

Individuals who have the right to redemption on a particular property, rights or immovable property have various rights and obligations. Among the main rights;

• İlgili mal, hak ya da taşınmaz üzerinde zilyet olma yetkisi
• İntifa konusu olan mal ya da eşya üzerinde gerçekleşecek olan her türlü işlem sonucunda ortaya çıkabilecek fayda ve gelirleri kullanma yetkisi
• Resmi defter tutulmasını talep edebilme hakkı
• İntifanın kaynağı olan taşınır ya da taşınmaz mal veya hakkı her türlü şekilde kullanabilme, yönetme ve malı değiştirme yetkisine sahip olması yer almaktadır.

Among the various obligations of persons who have the right to property, which is the relevant object of the right to redemption;

• Türk Medeni Kanunu 812. Maddesinde yer alan kanuna göre ilgili mal, taşınır ya da taşınmazı koruma ve özen göstererek bakımlı halde tutmak
• Mal üzerinde gerekli olan sigorta çalışmalarını gerçekleştirmek
• İntifa hakkı konusu olan mal üzerinde gerçekleşebilecek vergileri ödeme yükümlülüğü yer almaktadır.

Malikin Yükümlülükleri

Malik person; If the individual who has the right of redemption damages the relevant property, movable or immovable property in any way and uses his powers over the property in a manner that is not subject to the rules contained in the official contract, has the right to reclaim the relevant real estate or property by deciding to initiate the legal process.

As well as the obligations of persons who have the right to redemption, it is a matter of curiosity about what obligations and rights the malik persons have. The main of them are:

• Malik, intifa kurulan eşyanın özenle kullanılıp kullanılmadığını kontrol etme hakkına sahiptir
• Malik kişi, intifa hakkına sahip olan kişiden güvence talep edebilme hakkına sahiptir
• Olağanüstü istisnai durumlar söz konusu olduğunda mal üzerinde küçük de olsa bir yönetim hakkına sahiptir.
• Aynı zamanda malik kişi, malın öz değerinin korunduğundan da emin olma yükümlülüğü ile sorumludur.

How does the right to redemption end?

The shortest and clearest termination of the right to profit occurs with the destruction of the relevant movable or immovable property and becomes unusable. But the reasons for the termination of the right to renege are not limited only to the disappearance of the relevant property.

Among other reasons leading to the termination of the right;

• Kamulaştırma faaliyetleri
• Mahkeme kararları
• Terkin talebi
• Cebri icra yoluyla ilgili malın satışa çıkması
• Tüzel kişiliğin sonlanması
• Önceden belirlenmiş olan bir süre varsa bu sürenin sonuna gelinmesi
• İntifa hakkı sahibi olan kişinin vefatı gibi nedenler yer almaktadır.

Right to Redeed Redemption

In order to establish the beneficial right owned on immovable real estate and be acquired as a full right, it must be registered in the title register by the relevant title directorate in the region where the real estate is located. The process of registration in the title register must be carried out by persons assigned to this field, and the process of the right of redemption must be completed in the deed.

• Hisseli Tapuda

The maliki of the relevant real estate is able to allocate to a certain person all benefits and gains from the relevant real estate or real estate by keeping the self-value of the property in a way that depends on it. As a result of dividing the value of immovable property into three parts, two shares fall under the right of redemption and one share is covered by dry ownership.

• Noterde

The right of intifa, which offers the right to fully enjoy and use the relevant property to the person to whom the right of redemption is granted upon the provision of benefits, is established by official deed at the title registry office and the right of redemption is created at the notary.

Example of the Right to Redemption

You can access various redemption sample images via internet searches and you can animate a sample picture in your mind about the right of redemption plan to be established. You should never forget that these images published in various digital media are drafts, you should only browse for ideas and prepare your own example of the right of redemption with professional help.

Individuals' personal information, TC identification numbers, signatures, photographs, attributes, limit, sales price and characteristics of the relevant movable or immovable property are included in the example images. You can get support from Endeksa experts in valuation and analysis of property received for redemption.