The right
Article 732 of the Turkish Civil Code gives every co-owner of a property held in shared ownership a right of pre-emption when another co-owner sells their share to someone who is not a co-owner. The right is exercised by court action, not by a declaration to the seller: the claimant asks the court to register the share in their name against payment of the sale price and expenses.
The right applies only to shared ownership (paylı mülkiyet). It does not apply to joint ownership arising from inheritance before that estate has been divided, and it does not arise where the share passes by gift, exchange or inheritance rather than by sale.
The two deadlines
Three months from the sale being notified to the co-owner by the buyer or the seller through a notary.
Two years from the date of the sale, whatever happens; this outer limit runs even if no notification is ever made.
Both are forfeiture periods. The court applies them of its own motion, and once they pass the right no longer exists. Learning of the sale informally, from a neighbour or from the register, does not start the three-month clock: only notification through a notary does. But it also does not stop the two-year clock, which is why a co-owner who suspects a sale should check the register rather than wait.
The de facto division defence
This is what defeats most pre-emption claims in practice. Where the co-owners have divided the property between themselves and each has used a defined part as their own, the Court of Cassation treats the right of pre-emption as unavailable: its purpose is to keep strangers out of a genuinely shared property, and where the sharing has already ended in fact that purpose falls away.
Evidence of de facto division includes separate fenced areas, separate cultivation for years, buildings put up by individual co-owners on their own parts, and a written division agreement even if it was never registered.
The stated price
The claimant must pay the price shown in the deed of conveyance together with the buyer's expenses. Where the price in the deed has been understated, the buyer may argue that the true price was higher; the court will then examine bank records and the market value. The deposit ordered by the court must be paid within the time given, and failure to pay it ends the case.
Before you buy into shared land
Ask three questions before buying a share rather than a whole parcel: is there a written or de facto division between the co-owners, how many co-owners are there, and are any of them likely to exercise pre-emption. A pre-emption action brought against you does not merely delay the purchase; it transfers it.