Mor Hananyo Monastery got its land back after 12 years of legal struggle.
Monastery’s 439 m2 land was registered as the property of the national treasury during the cadastral work on 2006, even though the Monastery Foundation has the deed of the land. The administration of the foundation brought the issue to trial. The court decided that the land should be returned to the foundation. After the Supreme Court affirmed the decision, the foundation got the deed back.
Though the foundation had the deed of the land, it was not registered on 1970, during the first cadastral work. And during the cadastral work on 2006, the lands without a registered deed were registered as the property of the national treasury.
After this registration, the Monastery Foundation started a legal struggle on 6 November 2007 to get their land back. They filed a lawsuit at Mardin 2nd Civil Court of First Instance. After filing the lawsuit, the foundation made an application for restitution as part of the temporary arrangement on law of foundations on 2011, but this application was refused. After the refusal of the application, another lawsuit was filed.
On 2013, Mardin 2nd Civil Court of First Instance, considering the expert and witness reports, decided for the restitution of the deed. The court, in its justified decision, stated that the foundation’s deed, which is dated 1946, correspond to the expert and witness reports.
After the court decision, the national treasury brought the case to the Supreme Court. Civil Chamber no. 16 of the Supreme Court refused the objection and decided that the land should be registered as the property of Mor Hananyo Monastery. Having got the deed back last week, president of Mor Hananyo Monastery and Church Foundation İliye Kırılmaz said that the foundation has many properties registered to the treasury and they will continue their legal struggle.