{"id":193,"date":"2022-08-18T09:00:00","date_gmt":"2022-08-18T09:00:00","guid":{"rendered":"https:\/\/utuhukuk.com\/sufa-hakki-nedir\/"},"modified":"2026-10-01T14:07:40","modified_gmt":"2026-10-01T14:07:40","slug":"right-of-pre-emption-sufa","status":"publish","type":"post","link":"https:\/\/utuhukuk.com\/en\/sufa-hakki-nedir\/","title":{"rendered":"What Is the Right of Pre-emption (\u015euf\u2019a)?"},"content":{"rendered":"<div class=\"pm\" data-utu-pm=\"1\">\n<p class=\"pm-giris\"><strong>The right of pre-emption<\/strong>is the preferential right of purchase granted to the other co-owners where a co-owner in shared ownership sells their share to a third party. In this article we discuss the definition of the right of pre-emption, the purpose for which it is granted and the peremptory period applicable to the exercise of the right, together with a Court of Cassation decision.<\/p>\n<aside class=\"pm-ozet\" aria-label=\"In brief\">\n<p class=\"pm-etiket\">In brief<\/p>\n<ul>\n<li>The right of pre-emption (\u015fufa) is the right of the other co-owners of an immovable held in shared ownership to purchase, with priority and on the same terms, a share sold to a third party (Article 732 of the TMK).<\/li>\n<li>The right of pre-emption is subject to a preclusive period; this period is taken into account by the judge of their own motion, and an action brought after the period has expired is dismissed.<\/li>\n<li>Under Article 733 of the TMK, the right of pre-emption lapses three months after the date on which the sale is notified to the right holder and, in any event, two years after the sale.<\/li>\n<li>According to Court of Cassation (Yarg\u0131tay) decisions, knowledge of the sale is not sufficient to start the three-month period; the sale must be notified through a notary.<\/li>\n<\/ul>\n<\/aside>\n<details class=\"pm-ic\" open>\n<summary>Contents<\/summary>\n<ol>\n<li><a href=\"#sufa-hakki-nedir\">What is the right of pre-emption?<\/a><\/li>\n<li><a href=\"#hak-dusurucu-sure\">Peremptory period<\/a><\/li>\n<li><a href=\"#sure-ve-noter-bildirimi\">Period of exercise and notification through a notary<\/a><\/li>\n<li><a href=\"#sss\">Frequently asked questions<\/a><\/li>\n<li><a href=\"#iletisim\">Consultation request<\/a><\/li>\n<\/ol>\n<\/details>\n<section id=\"sufa-hakki-nedir\">\n<h2>What Is the Right of Pre-emption (\u015eufa)?<\/h2>\n<p>Under Article 732 TCC: \u201c<em>In co-ownership, where a co-owner sells his or her share in the immovable wholly or partly to a third party, the other co-owners may exercise the right of pre-emption.\u2019\u2019 <\/em>In an immovable subject to the co-ownership regime, the right of the remaining co-owners to acquire, on the same terms and with priority, the share sold by one of the co-owners to a third party is called the right of pre-emption (\u015fufa).<\/p>\n<blockquote class=\"pm-kanun\">\n<p>\u201cWhere a co-owner in shared ownership sells all or part of their share in an immovable property to a third party, the other co-owners may exercise the right of pre-emption.\u201d<\/p>\n<p><cite>Turkish Civil Code, Art. 732<\/cite><\/p><\/blockquote>\n<p>Since sole ownership is more advantageous than multi-party ownership and easier to manage, an outsider is prevented from joining the co-owners. As a result of a sale by one of the co-owners to a third party, an outsider would become part of this ownership relationship, which could cause problems for the other co-owners at later stages.<\/p>\n<\/section>\n<section id=\"hak-dusurucu-sure\">\n<h2>The Right of Pre-emption and the Peremptory Period<\/h2>\n<p>The right of pre-emption, which entails the priority right to purchase in a sale by a co-owner to a third party, has been made subject to a period of forfeiture. Accordingly, a co-owner who purchases a share in any co-owned immovable will not face a pre-emption action for his or her entire life.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Peremptory period \u00b7 taken into account ex officio<\/p>\n<p>The most important difference distinguishing a period of forfeiture from a limitation period is that it is taken into account by the judge of his or her own motion (ex officio). If the claimant brings the pre-emption action after the period of forfeiture has expired, the judge will dismiss the action as time-barred. The action will be dismissed even if the defendant has not raised this point.<\/p>\n<\/div>\n<\/section>\n<section id=\"sure-ve-noter-bildirimi\">\n<h2>Period for Exercising the Right of Pre-emption and Notification through a Notary<\/h2>\n<p>Paragraphs 2\u20133 of Article 733 of the Turkish Civil Code read: \u2018\u2019The sale shall be notified to the other co-owners by the purchaser or the seller through a notary. The right of pre-emption lapses three months after the date on which the sale was notified to the right holder and, in any event, two years after the sale.\u2019\u2019 Under this provision, the period of forfeiture is 3 months from the date on which the co-owner learns of the sale and, in any event, 2 years.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Three months<\/p>\n<p>From the date on which the sale is notified to the right holder.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">In any event two years<\/p>\n<p>From the date of the sale.<\/p>\n<\/div>\n<\/div>\n<p>Article 241 of the Turkish Code of Obligations reads: \u2018\u2019The seller or the purchaser is obliged to notify the holder of the right of pre-emption, through a notary, that the contract of sale has been concluded and of its content.\u2019\u2019 Owing to this provision, and in line with Court of Cassation judgments, notification through a notary is required for the three-month period to begin.<\/p>\n<blockquote class=\"pm-kanun\">\n<p>COURT OF CASSATION 14th CIVIL CHAMBER E. 2014\/14384 K. 2015\/10290 D. 13.11.2015; \u2018\u2019The right of pre-emption lapses upon the expiry of three months from the date on which the sale is notified to the right holder and in any event two years from the sale.\u201d This period is a peremptory period and must be taken into account by the court of its own motion. As also explained in the reasoning of the Court of Cassation Assembly of Civil Chambers\u2019 Decision dated 21.09.2005, Docket No. 2005\/6-358, Decision No. 470, knowledge alone is not sufficient for the three-month peremptory period to begin; under the Turkish Civil Code&nbsp;<a href=\"http:\/\/www.kazanci.com\/kho2\/ibb\/files\/tc4721.htm#733\" target=\"_blank\" rel=\"noopener\">733<\/a>\/3 TCC. As to the specific case: under Article&nbsp;<a href=\"http:\/\/www.kazanci.com\/kho2\/ibb\/files\/tc4721.htm#733\" target=\"_blank\" rel=\"noopener\">733<\/a>\/3 TCC, the notification that should have been made through a notary was not made. The share was sold to the defendant on 07.05.2012, and the action was brought on 07.10.2013, that is, before the two-year period expired. The action was therefore brought in time. In light of all these explanations, while the court should have examined the merits of the case and given a decision accordingly, it was not correct to render judgment as written.\u2019\u2019(1)<\/p>\n<p><cite>Court of Cassation 14th Civil Chamber, E. 2014\/14384 K. 2015\/10290 T. 13.11.2015<\/cite><\/p><\/blockquote>\n<p class=\"pm-dipnot\">(1)&nbsp;www.lexpera.com.tr\/ictihat\/yargitay<\/p>\n<\/section>\n<p class=\"pm-dipnot\">Related legislation: <a href=\"https:\/\/www.mevzuat.gov.tr\/mevzuat?MevzuatNo=4721&amp;MevzuatTur=1&amp;MevzuatTertip=5\" target=\"_blank\" rel=\"noopener\">Turkish Civil Code No. 4721<\/a> (mevzuat.gov.tr)<\/p>\n<section id=\"sss\" class=\"pm-sss\">\n<h2>Right of Pre-emption: Frequently Asked Questions<\/h2>\n<details open>\n<summary>What is the right of pre-emption?<\/summary>\n<div>\n<p>Where one of the co-owners of an immovable property held in shared ownership sells their share to a third party, it is the right of the other co-owners to purchase that share on the same terms and with priority. The article explains this on the basis of Art. 732 of the TMK.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Why is the right of pre-emption granted?<\/summary>\n<div>\n<p>The article states that the entry of an outsider among the co-owners may create problems for the other co-owners in the future, and that the aim is therefore to prevent an outsider from joining the co-owners.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Within what period must the right of pre-emption be exercised?<\/summary>\n<div>\n<p>TMK m. 733&#8217;e g\u00f6re \u00f6nal\u0131m hakk\u0131, sat\u0131\u015f\u0131n hak sahibine bildirildi\u011fi tarihin \u00fczerinden \u00fc\u00e7 ay ve her h\u00e2lde sat\u0131\u015f\u0131n \u00fczerinden iki y\u0131l ge\u00e7mekle d\u00fc\u015fer. Bu s\u00fcreler hak d\u00fc\u015f\u00fcr\u00fcc\u00fc niteliktedir.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>How does a preclusive period differ from a limitation period?<\/summary>\n<div>\n<p>The most important difference noted in the article is that the judge takes a preclusive period into account of their own motion. An action brought after the period has expired is dismissed even if the defendant does not raise it.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Does becoming aware of the sale start the three-month period?<\/summary>\n<div>\n<p>According to the Court of Cassation decisions cited in the article, knowledge is not sufficient to start the three-month period; the sale must be notified by the buyer or the seller through a notary. Where no notarial notification has been made, an action brought within two years of the sale has been held to be timely.<\/p>\n<\/div>\n<\/details>\n<\/section>\n<section id=\"iletisim\" class=\"pm-form-kap\">\n<div class=\"pm-form-sol\">\n<p class=\"pm-etiket\">Consultation request<\/p>\n<h2>Do you have a question about the right of pre-emption?<\/h2>\n<p>At UTU Hukuk Dan\u0131\u015fmanl\u0131k, we provide legal representation and advisory services in the field of real estate law.<\/p>\n<p>Fill in the form and we will call you. 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Under Article 732 TCC: \u201c In co-ownership, where a co-owner sells his or her share in the immovable wholly or partly to a third party\u2026<\/p>","protected":false},"author":1,"featured_media":367,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"elementor_canvas","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[],"class_list":["post-193","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-gayrimenkul-hukuku"],"_links":{"self":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/193","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=193"}],"version-history":[{"count":4,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/193\/revisions"}],"predecessor-version":[{"id":643,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/193\/revisions\/643"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media\/367"}],"wp:attachment":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=193"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=193"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=193"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}