Power of Attorney in Turkey
Things to consider when giving Power of Attorney
We advise our clients to give power of attorney to us in order to facilitate the procedure; military checks, release of title deeds from the title deeds office and registration of the title deed at the notary office. The giving "Power of Attorney" process takes about two hours and needs to be witnessed at the notary office in Turkey. Our consultants will provide the necessary assistance.
Advantages of Power of Attorney
- Avoids to travel several times to Turkey. On following the tapu process, you might need to follow up your paperwork.
- In order to apply for Tapu or conveyancing, you must need to know Turkish or you must need to have a sworn translator with you. A sworn translator fee is about 100 Euro per 2 hours work
- Estate Agent gives Tapu process service free. To use this facility, you have to empower them with this document. They can not act on behalf of you without this document at official registry offices.
Remind these facts when giving Power of Attorney
- Give "Power of Attorney" to proffessional estate agents or solicitors. If they do not know what they are doing, it is not advised to give this valuable document.
- Give only needed powers. For example, when you purchase a property, give just "Buying Property" power. If needed give also "water and electricity connection" power.
- It is NOT advised to give General Power of Attorney. General one might contain debt accepting or selling your property. This can be used against you in bad hands.
- Giving Power of Attorney means; "You may act on behalf of me for these powers" It will be your name and picture on the title deeds (tapu).
- There is a sworn translator at the Notary Public. This interpreters have officially promised to the Notary to tranlate just the truth. You can not bring your own translator.
You may view a sample of A Power of Attorney Document below;
Below document is Antalya Homes standard "Power of Attorney" at 13.th Notary of Antalya. We only accept "Buying Property" and "Water and Electricity abonnements" powers.
I, the undersigned representative of ANTALYA 13th NOTARY PUBLIC AHMET OSMANCIOĞLU, authorised signatory Head Clerk NAMIK DAVASCAN, was approached by (CUSTOMER NAME), while carrying out my duties at FENER MAH. BÜLENT ECEVİT BULVARI, NO: 70/A KURT APT., LARA / ANTALYA, who presented his / her (................... details of identification presented.........................), who verbally requested through a translator that a power of attorney be prepared. As it was not possible to communicate with him / her, I selected the authorised translator of our notary public ALİ VAHİT VEYSİ, who I knew would be able to communicate with him / her to act as interpreter.
I learnt through the interpreter that the relevant person possessed the required authority to undertake the said procedure, that he / she did not speak Turkish, but that he / she was literate. He / she made the following request therough the said authorised translator, who I knew to possess the necessary skills, and evidence of whose identity was presented to me in the form of his identity documents.
PURCHASE OF PROPERTY: I do hereby appoint BAYRAMTEKÇE, holder of T.R. Identity No:..........., whose father's name is .........and mother's name is......., and who was born on ............in Kdz. Ereğli, as the qualified and authorised person to act on my behalf in the following matters: to make the necessary applications to the various organisations and authorities in order to obtain the required permissions so that I may be able to purchase land and ptoperty within the boundaries of the Republic of Turkey; to track all of the procedures I would need to track on this matter; to present and collect documents in person; to prepare and sign petitions; to request and collect any documentation to be prepared in my name on the above stated matter; to pay all duties, and receive back any which have been overpaid; to collect the necessary documents from the Land Registry and present them to the foreign nationals branch of the police in order to obtain a residency permit; to undertake the necessary written communication; to obtain a taxation number in my name; to purchase any land or property within the boundaries of any of the districts and villages of the province of ANTALYA, at any time he wishes, for whatever price, under whatever conditions, at whatever location, and from whosoever - whether it be private individuals or legal entities - he wishes; to pay the purchase price; to accept any assignments to be made in the presence of the relevant land registry director or authorised officer; to sign the title book and records and all documents; to request registration; to collect the title deeds; to make arrangements for electricity, water and natural gas to be connected to the property he is to purchase; to prepare and sign the contracts for these in the presence of the necessary authorities; to make declarations and submit petitions; to protect my interests and rights with regard to this property; to send all types of warnings to third parties; to carry out all of the required legal and other procedures in connection with the above stated matters, in the presence of all official organisations and authorities, and to sign them; to give undertakings to the necessary authorities and organisations, that under the principles of reciprocality, the independent and permanent limited real rights over properties which I will procure within the boundaries of the Republic of Turkey will not exceed 2.5 (two and a half) hectares, and that should it be determined as otherwise, I unconditionally accept and undertake that the excess properties be sold in return for cash; to prepare and sign any documents necessary in this respect; to obtain the necessary written permissions from the Ministry of Defence or the authorised military organisations, the Land Registry General Directorate and relevant Land Registry Directorates or the relevant organisations and authorities, in order that I may obtain property within Turkey; to undertake all of the necessary written communication; and to make and accept declarations."
The written statement has been read by the interpreter to the relevant party. The relevant person declared through the interpreter that what was written on the statement is in accordance with his / her wishes, and the statement has been signed by the relevant person, the authorised translator, and by myself. The twenty-first day of the month of February in the year twothousandandtwelve. 21.02.2012
DECLARATION BY THE INTERPRETER: I have communicated the wishes of the relevant party who speaks ENGLISH to the notary public. I have translated the above statement written by the notary to the relevant party. He / she has stated that the above is in accordance with his / her true wishes. And I hereby declare that the relevant party has accepted this statement and signed it in my presence.
AUTHORISING PARTY: TRANSLATOR
........................................... ALİ VAHİT VEYSİ T.R. No: ....................................
YOUR NAME and SIGNATURE