What Is “Ferağ” and How Is It Executed?

In real estate law, ferağ specifically means the act of the property owner transferring their ownership rights recorded in the land registry to another individual or establishing a right in favor of another person — for example, granting an easement right. This process is carried out through the Directorates of Land Registry and Cadastre and is officially known as the “ferağ declaration” (ferağ takriri).

In other words, the ferağ procedure is a formal land transfer process that ensures the legal and secure conveyance of property ownership or the establishment of third-party rights on a property.

How Is “Ferağ” Performed?

The process of granting ferağ involves transferring the entire or a partial ownership or other property rights over an immovable to another person. In the Turkish Civil Code, this is referred to as “temlik”, a formal legal procedure for ownership transfer. Ferağ transactions are executed before a notary, becoming valid only after both parties clearly express their consent.

Before the transaction, a detailed contract is prepared between the parties. This document clearly outlines which rights over the property are being transferred, the date and time of the transfer, and which party will cover tax obligations and other financial responsibilities. Both parties thus clarify their mutual rights and obligations.

Following the preparation of the contract, the notarial approval stage begins. The notary verifies the identities of the parties and reviews property documents, confirming the accuracy of declarations and ensuring the transaction complies with legal regulations. At this stage, both parties sign the document, giving it official validity.

After the notarial process is completed, the ferağ transaction is recorded in the land registry. Upon application to the Directorate of Land Registry and Cadastre, the property’s ownership is officially registered in the name of the new owner. Consequently, all rights over the property are legally transferred.

A ferağ transaction can be carried out for various reasons such as sale, donation, inheritance distribution, or partnership transfer. Regardless of its purpose, the process—conducted through a notary and the land registry office—ensures that the property changes hands safely and legally.

Types of Ferağ

Ferağ transactions are categorized into two main types depending on whether the transfer is made with or without compensation: “ivazlı” (with consideration) and “ivazsız” (without consideration). The term “ivaz” refers to the compensation or payment that one party must provide in return for the other’s performance within a contract.

1. Ferağ with Consideration (İvazlı Ferağ):
   This occurs when the property is transferred in exchange for money, another asset, or any form of payment. In other words, it is a transfer based on mutual benefit. Such transactions typically occur in sales or barter (exchange) agreements.

2. Ferağ without Consideration (İvazsız Ferağ):
   This type involves transferring ownership without any payment or compensation. It is commonly used in donations, gifts, or family transfers. The ownership transfer is made voluntarily, without any material gain between parties.

To finalize a ferağ transaction, the property owner must officially apply to the Directorate of Land Registry and Cadastre. Once the official deed prepared by the land registry officer is signed, the process becomes legally valid, and the ferağ declaration (ferağ takriri) is completed.

What Is “Vefaen Ferağ”?

Vefaen ferağ refers to a person transferring the ownership or part of the ownership of their property to another individual while still alive. This process, recognized under the Turkish Civil Code, represents a voluntary transfer of ownership that is not included in inheritance distribution after the person’s death.

This type of transfer is typically used to prevent disputes over inheritance or to prioritize certain individuals in the distribution of property. By transferring ownership during their lifetime, the property owner can avoid potential conflicts among heirs after their death.

The vefaen ferağ process must be carried out before a notary to be legally valid and then reported to the Directorate of Land Registry and Cadastre for official registration. Once the registration is complete, the ownership transfer becomes final, and the rights over the property are vested in the new owner.

What Is a Ferağ Enforcement Lawsuit ?

A ferağ enforcement lawsuit (ferağ icbar davası) is filed in cases where the transfer of property ownership is claimed to have been made under duress, threat, or coercion, without the free will of the transferor. This type of lawsuit often arises in situations involving vefaen ferağ, where it is alleged that the individual’s consent was not obtained lawfully.

The claimant argues that the transfer was conducted under pressure and does not reflect their true intent, requesting the annulment of the ferağ transaction. The court then evaluates the plaintiff’s statements, evidence, and circumstances to determine whether there was a genuine defect of consent (irade fesadı).

This lawsuit is vital for protecting property ownership rights, ensuring that ownership transfers are executed in accordance with the law. Transactions made through coercion or fraud can thus be declared invalid, and the property rights restored to their rightful owner.

What Is a “Sales Promise Agreement”?

A sales promise agreement (satış vaadi sözleşmesi) is a binding commitment between parties regarding the future sale of a property. It is executed before the actual transfer of the property to define the terms and conditions of the forthcoming sale between the seller and the buyer.

The agreement specifies details such as the sale price, payment plan, delivery date, and conditions for the land registry transfer. This provides legal assurance to both parties about the future sale transaction.

Such an agreement is often used when the full payment has not yet been made or when the property transfer is planned for a later date. In this arrangement, the seller does not transfer the property until the agreed conditions are fulfilled, while the buyer continues to make payments according to the contract. Therefore, the sales promise agreement serves as a preliminary contract, establishing legal certainty and trust between the parties prior to the final sale.