Expertise

Pre-emption Action (Şufa / Önalım)

Exercising the statutory right of pre-emption, in time and in due form, when a share is sold to a third party.

The statutory right of pre-emption (şufa) entitles the other co-owners, where a share is sold to a third party, to acquire that share in priority. Time limits, service, deposit of the price and the conditions of the action have been shaped by settled Court of Cassation authority.

Contractual pre-emption follows a distinct regime, typically requiring annotation on the title. The office conducts the file from the outset with strict procedure so that preclusive periods are not missed, the price is correctly established and cancellation and registration of title are obtained.

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