Do you need the other co-owners' consent to sell a house under a hisseli tapu (shared title deed)?
Yes — to sell a share in a co-owned property, you need either the other co-owners' consent or their waiver of the pre-emption right (önalım hakkı). Even if the share transfer is registered at the land registry, the other co-owners still hold their şufa (pre-emption) right, and if it is exercised within the statutory period, the sale can be cancelled. That is why selling a house under a hisseli tapu demands far more care than selling a property you own outright.
In practice, most buyers do not want to purchase a hisseli tapu. A share owner cannot use the whole property and cannot make decisions on their own. Even if you find a buyer, the tapu müdürlüğü (land registry office) will process the sale; however, the other co-owners' pre-emption right can still become the subject of a lawsuit after the sale. For that reason, reaching an agreement with all the co-owners before the sale — ideally with notarised approval — is the safest route.
What is the pre-emption right (şufa hakkı) and who can exercise it?
The pre-emption right is a priority purchase right granted to the other co-owners when one of them sells their share to a third party. Under paylı mülkiyet (undivided co-ownership), it applies to every co-owner. The right must be exercised within 3 months of learning of the sale and, in any event, within 2 years of the sale itself.
A co-owner who wants to use this right can have the share transferred to their name by paying the sale price. Instead of going to court, it is also possible to first negotiate with the seller and the buyer and buy the share by agreement. Because court proceedings usually drag on, a settlement between the parties saves both time and money. For instance, if three siblings co-own an apartment through inheritance and one of them sells their share to an outsider, the other two can exercise their pre-emption right and take that share back at the sale price.
How does a lawsuit for the dissolution of co-ownership (izale-i şuyu) work?
If the co-owners cannot reach an agreement, any one of them can file a dissolution of co-ownership (izale-i şuyu) lawsuit. Through this action, the parties ask the court to have the property sold and the proceeds divided. The court first encourages the parties to settle; if no settlement is reached, the property is put up for sale.
If the court rules that the property should be sold, an auction is held through the sale office (satış memurluğu). From the date the lawsuit is filed, the process generally takes between 6 months and 2 years, depending on the court's workload and the nature of the property. Once the lawsuit costs and attorney fees are deducted from the sale price, the remaining amount is distributed among the co-owners in proportion to their shares.
How does the auction process unfold in a court-ordered sale?
In a court-ordered sale, the auction is conducted through open bidding (artırma). The sale office determines the property's value based on an expert (bilirkişi) report and announces it. At the first auction, at least 50% of the appraised value is set as the reserve price; at the second auction, 40%. Once the auction is finalised, the highest bidder becomes the owner of the entire property.
If the court does not approve the auction outcome, or the winning bidder fails to pay within the allotted time, the property is put back up for sale. Those who want to take part in the auction generally have to post a deposit, which shows that the bid is serious and is offset against the sale price once the auction becomes final. The most important point to watch during the auction process is the liens and encumbrances (haciz ve şerh) on the title deed; these are paid out of the sale price, and whatever remains is distributed among the co-owners.
How are the tapu harcı (title deed fee) and capital gains calculated on a shared sale?
When selling a house under a hisseli tapu, the tapu harcı is calculated on the sale price. The rate is 2% each for the buyer and the seller, making 4% in total. This rate applies as of 2025 and, in case of a change, should be confirmed from the current guide of the GİB (Turkish Revenue Administration). The fee is charged on whichever is higher: the sale price or the emlak vergisi değeri (property tax value).
Capital gains tax (değer artış kazancı), on the other hand, applies when the property is disposed of within 5 years of acquisition. The exemption amount is recalculated every year, so we recommend checking the current threshold in the GİB's 2025 brochure on the disposal of real estate. On a shared sale, the gain is calculated by deducting the cost basis and expenses from the portion of the sale price attributable to the share. If the share came through inheritance, the value shown on the title deed is taken as the cost basis.
What to watch out for when selling a house under a hisseli tapu
Start by querying the title record through e-Devlet (Turkey's e-government portal) to clarify your share percentage and the other co-owners. Then contact all the co-owners and notify them of your intention to sell in writing. If they do not approve the sale, either wait for them to exercise their pre-emption right or file an izale-i şuyu lawsuit. Notarised approval is not legally required for the sale transaction; however, having a notary draw up a promise-to-sell agreement (satış vaadi sözleşmesi) to document that the parties have reached an understanding prevents possible disputes.
Let's walk through an example. Ayşe and her two siblings hold equal shares in an apartment in Istanbul. Ayşe wants to sell her share, but her siblings do not want to buy it. If Ayşe sells her share to a third party, her siblings can exercise their pre-emption right and have the sale cancelled. In that scenario, Ayşe must either come to an agreement with her siblings and sell the share to them, or file an izale-i şuyu lawsuit and ask for the apartment to be sold. If the apartment goes to a third party in a court-ordered sale, the proceeds are split equally among the three siblings.
Finally, do not neglect your tax obligations. The capital gains tax return is filed in March of the year following the sale. Declaring the sale price correctly matters for both the title deed fee and income tax. For current rates and exemption amounts, we recommend taking a look at the GİB's guide on the taxation of real estate purchases and sales.
Frequently asked questions
How long does the pre-emption right last?
The pre-emption right must be exercised within 3 months of learning of the sale and, in any event, within 2 years of the sale. Once these periods expire, no lawsuit can be filed.
Is notarised approval required for a sale under a hisseli tapu?
No, notarised approval is not a legal requirement. However, a promise-to-sell agreement can be drawn up to document the parties' agreement and prevent possible disputes.
How long does an izale-i şuyu lawsuit take?
It varies between 6 months and 2 years depending on the court's workload. If the case moves on to the sale stage, the auction process is added on top.
When is the capital gains tax return filed?
It is filed in March of the year following the sale. For example, if you sold in 2025, you must file the return in March 2026.
The information in this article is for general informational purposes only; for legal and tax matters, always consult a professional or the GİB's current guides. Rates and thresholds change from year to year, so remember to verify the current figures.