From the Pages of the Defter (ص 49)

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From the Pages of the Defter (ص 49)

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paid (ferag b’il-vefa). Article 118 outlines the conditions by which a creditor may sell
mortgaged lands.”*
Only the following year, in early 1859 (1275 H), were procedures established for the
transfer of tapu rights. The Nizamname-! Tapu (Tapu Code of Regulations) provided for
government officials to record land transactions in the provinces.” According to Article 1 of
the Tapu Regulations, the heads of the treasury and the administration in the gadas were to
be considered their district’s landowners. As such, they were assigned the power to grant
temporary usufruct title-deeds to miri lands.”° These would, in turn, be sent to the provincial
council (meclis) which would forward it to the central Defterhane, the Tahrir-1 Emlak
Nezareti (Ministry of Property Registration) , which would issue the official tapu certificate,
which would then be sent back down along this chain to the tapu holder.”°
According to the letter of the law,
When a person desires to alienate (ferag) his or her land to another, he
must get a certificate bearing the seals of the Imam and mukhtars
(muhtarlar) of his quarter or village, stating that he or she is really the
possessor of the usufruct (mutasarrif) of such land [...] When the alienor
and alienee, or their legal agents, come to the meclis of the country
(meclis-i memlekete geldiklerinde), the certificate brought by them will be
taken and kept. After the fees for the alienation have been paid and the
resignation (istifa) [from the property by the possessor of its usufruct]
* Ibid., 62-63.
*" Ibid., 71-87. The Regulations were proclaimed in mid-January 1859 (on 8 Jumadi al-Akhir, 1275H).
»° Ibid., 71.
6 lbid., See relevant articles 3, 18, 21 on pages 71, 78-79.
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From the Pages of the Defter

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Susynne McElrone

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