Right of Pre-emption (Shufa) Lawsuit

A preemption lawsuit (commonly known as a "shufa" lawsuit) is filed when one co-owner of jointly owned real estate sells their share to a third party, allowing the other co-owners to have that share registered in their own name on the same terms. This right, which is designed to prevent an outsider from entering a co-ownership arrangement over shared-title property, is subject to short and strict time limits under the law.

The right of preemption does not prevent the sale. The sale is completed at the land registry; however, the co-owner who holds the right can step into the buyer's position through a lawsuit and acquire the share for the same price. For this reason, both the co-owner who wishes to sell their share and anyone who buys a share in jointly owned property need to be aware of this right.

When does the statutory right of preemption arise?

Under Article 732 of the Turkish Civil Code, when a co-owner in joint ownership by shares sells all or part of their share in the real estate to a third party, the other co-owners may exercise the right of preemption. For the right to arise, the following elements must be present together:

• The real estate must be subject to co-ownership by shares
• The transfer of the share must take place through a sale
• The buyer must be a third party other than the co-owners
• The sale must not have been carried out through enforced auction or under the State Tender Law

No statutory right of preemption arises when one co-owner sells their share to another co-owner. The right of preemption also cannot be exercised in sales made through enforced auction or under the State Tender Law No. 2886 (Turkish Civil Code Art. 733).

Situations where the right of preemption cannot be exercised

In joint (collective) ownership, for example among heirs in an estate that has not yet been divided, the statutory preemption provisions generally do not apply; the situation changes once the heirs' joint ownership has been converted into co-ownership by shares. In properties with condominium ownership or condominium easement established, other unit owners have no right of preemption when an independent unit or a land share attached to a condominium easement is sold; however, if a single independent unit belongs to several persons by shares, the right of preemption can be exercised among the co-owners of that unit (Condominium Law Art. 8).

As a rule, no right of preemption arises in transfers other than sales, such as gifts or exchanges. That said, Court of Cassation practice accepts that a lawsuit may be filed alleging simulation (muvazaa) where a transaction that is in reality a sale has been disguised as a gift in order to defeat the right of preemption. Proving such a claim requires detailed evidentiary work. If the goal is to bring the co-ownership to a complete end, an action for termination of co-ownership comes into play instead of preemption.

Filing deadlines: three months and one year

The right of preemption is subject to statutory forfeiture periods. Under Article 733 of the Turkish Civil Code, the sale is notified to the other co-owners by the buyer or seller through a notary. The right of preemption lapses once:

• Three months have passed from the date the sale was notified to the right holder, and
• In any event, one year has passed from the date of the sale

The outer time limit was reduced from two years to one year by Law No. 7571, which entered into force on 25 December 2025; for sales made before that date, the previous period applies. If no notarial notification has been made, the three-month period does not begin to run; however, the one-year outer limit runs in all cases. Forfeiture periods are taken into account by the court on its own motion, and if they are missed the lawsuit is dismissed. It is important for a co-owner who learns of a sale at the land registry to obtain the title deed record immediately and plan the deadlines on a calendar.

In calculating the period, the date of the official sale transaction at the land registry is taken as the sale date. Keeping the date on which you learned of the sale and the documents showing it (notarial notification, title deed record, correspondence) becomes decisive if a dispute over timing arises in the lawsuit. For lawsuits to be filed close to the deadline, a plan for covering the price and expenses should also be made in advance.

Against whom and where is the lawsuit filed?

A preemption lawsuit is filed not against the co-owner who sold the share, but against the buyer who purchased it (Turkish Civil Code Art. 734). The competent court is the civil court of first instance. As in lawsuits concerning rights in rem over real estate, the court of the place where the property is located has exclusive jurisdiction (Code of Civil Procedure Art. 12). If more than one co-owner wishes to exercise the right of preemption, each may file a lawsuit; how the share will be distributed among the co-owners is assessed by the court.

Depositing the price and the process step by step

The market value of the share in dispute is determined by the judge without delay. The holder of the right of preemption is obliged to deposit in cash, within a final period given at the place designated by the judge, the determined market value together with the land registry costs borne by the buyer; if this obligation is not fulfilled, the share cannot be registered in the plaintiff's name (Turkish Civil Code Art. 734). The process generally proceeds in the following order:

1. Obtaining the current title deed record and the sale deed table
2. Determining the date of sale and, if any, the date of notarial notification, and calculating the time limits
3. Filing the lawsuit against the buyer at the court of the place where the property is located
4. Determination of the share's market value by the court, with an expert examination where necessary
5. Depositing the market value and land registry costs within the final period given
6. Registration of the share in the plaintiff's name if the lawsuit is upheld

What did the market value rule change?

Before the amendment made by Law No. 7571, the holder of the right of preemption generally deposited the sale price shown at the land registry, and whether that price reflected reality was often disputed. The amount to be deposited is now not the sale price but the market value determined by the judge. Under the transitional provision, this rule also applies to lawsuits filed before the amendment. Since the law does not expressly regulate as of which date the market value is to be determined, judicial practice should be followed. It has therefore become important, before filing a lawsuit, to anticipate the approximate market value of the share and to plan how the amount to be deposited will be financed.

Contractual preemption and waiver

The right of preemption does not arise from the law alone; the parties may also establish a right of preemption by contract. The validity of a preemption agreement depends on its being made in writing (Turkish Code of Obligations Art. 237). A contractual right of preemption annotated in the land registry can be exercised against any owner within the period and under the conditions stated in the annotation; the effect of the annotation ends after ten years in every case (Turkish Civil Code Art. 735). A general waiver of the statutory right of preemption must be made in official form and annotated in the land registry; a waiver of the right to exercise it in a specific sale may be made in writing, before or after the sale (Turkish Civil Code Art. 733). Co-owners who are considering selling their share can prevent future disputes by speaking with the other co-owners in advance and, where necessary, ensuring that a waiver is obtained in the proper form.

How our firm can help

Every case is unique; the type of ownership, the true nature of the sale, and whether notification was made are the factors that determine the outcome, so the specific circumstances must be assessed separately. Our firm supports both co-owners holding the right and persons who purchase shares in matters such as reviewing land registry records, calculating deadlines, filing the lawsuit, and following the price deposit process. For other real estate disputes, you can visit our real estate law page.