Giving Power of attorney to someone not in Turkey

#1
Hi,

I would like transfer/change my apartment that I own in turkey to my brother's name who is currently living in Afghanistan. He doesn't have the required visa to visit Turkey to complete the procedure personally therefore I am seeking your help to find the best and cheapest way to get change it to his name.

We are told he has very good chance of getting Turkish Visa from Kabul, Afghanistan once he has a real estate in his name in Turkey and this is the main reason for changing it to his name. Can I just give him full POA if yes how can i do that while he is not Turkey?

Thank you very much.
 
#2
Hi,

I would like transfer/change my apartment that I own in turkey to my brother's name who is currently living in Afghanistan. He doesn't have the required visa to visit Turkey to complete the procedure personally therefore I am seeking your help to find the best and cheapest way to get change it to his name.

We are told he has very good chance of getting Turkish Visa from Kabul, Afghanistan once he has a real estate in his name in Turkey and this is the main reason for changing it to his name. Can I just give him full POA if yes how can i do that while he is not Turkey?

Thank you very much.
I think you may have a problem with your brother having a POA for you in his name & said brother also being the benefactor of the property. Basically that's him signing for you for himself............could be classed as a conflict of interest.
There will be ways around it but I reckon a Turkish lawyer should be able to point you in the right direction.
One bit of advice I can give, if you do have to use a third party for that type of transaction, you MUST specify what can & cannot be done with that POA. ie transfer of said property to your brother & nobody else.
 

Kanga

Senior Member
#3
Just be aware that there will be stamp duty/land tax to pay on a transfer of ownership. I believe it's 1% but don't rely on this, find out for yourself; taxes have gone up.
 
#4
I think you may have a problem with your brother having a POA for you in his name & said brother also being the benefactor of the property. Basically that's him signing for you for himself............could be classed as a conflict of interest.
There will be ways around it but I reckon a Turkish lawyer should be able to point you in the right direction.
One bit of advice I can give, if you do have to use a third party for that type of transaction, you MUST specify what can & cannot be done with that POA. ie transfer of said property to your brother & nobody else.
I see what you mean. Suppose Brother=X then conflict of interest will apply the same way.

how about if he goes to embassy and appoints me to buy property for him in Turkey. is that conflict of interest in opposite direction now?

simply, I will ask him to appoint someone else to buy for him and I will go with that person to do the transfer. since there is no exchange of money etc so will be safe to get it done smoothly. I believe there is 4% transfer fees.
thanks

i see this is interesting

One bit of advice I can give, if you do have to use a third party for that type of transaction, you MUST specify what can & cannot be done with that POA. ie transfer of said property to your brother & nobody else.

I can give POA to another person and tell him to transfer it to the said person in our case my brother. thanks

Also, I think it won't work if i write POA and mention that he can transfer it to his own name and pay the required fees, I guess this is something similiar what you advised in your fist post...
 
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#6
Just a thought.
Maybe I'm getting it wrong but can we assume that your brother wants out of Afghanistan $o this deal is his ticket? Plan B might be for you to open a limited company in Turkey & have him as a co owner, then stick the property in the company name. On saying that I don't know the rules/regs on Afghan ownership of property.
 
#7
Hi, your brother would need to give someone here in Turkey POA to purchase on his behalf, it could be anybody that you trust, but they need to be in Turkey to do it.
 
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