Can Single Owner Sell Away The Hdb Flat?

[Warrior88 0]

i have got my answer.. for Joint Tenancy,if one owner deceased, the suriving one owner can sell..Tenancy in common, surviving owner cannot sell as there is no surviorship dosent apply..so pls check the type of tenancy carefully..

Hm.. sure got way to sell right even for Tenacy in common.

Otherwise how? must keep forever?

Anyone care to share the procedure?

[raincole 0]

See the new owner for tenancy in common.

For example Man A has 50% of the share in flat. If he dies, this 50% will passed to his wife or whoever he puts in his will.

Then owner B will have to talk to Man A wife if he wanted to sell away the flat or buy over her share lor.

[tweetie76 0]

Hm.. sure got way to sell right even for Tenacy in common.

Otherwise how? must keep forever?

Anyone care to share the procedure?

U cannot keep the flat forever ! As far as i know,under Tenancy in common, if one owner passed away, they cannot sell the flat but the 2nd owner can stay until he/she passed away..the flat will be return to HDB.

For flats held under the holding type of tenancy-in-common, there is no right of survivorship. Unlike joint tenancy, the deceased co-owner's interest in the flat does not pass automatically to the remaining co-owner(s).

If the co-owner under tenancy-in-common or the sole owner of a flat passes away leaving behind a Will, his interest in the flat will be distributed according to the Will (private solicitors can be consulted for making a Will.) The Executor who is named in the Will to administer the deceased's estate has to be engaged a private solicitors to apply to the Court for a Grant of Probate. The Grant of Probate is a Court Order that gives the legal authority to the Executor to administer the deceased's estate.

If the co-owner under tenancy-in-common or the sole owner of a flat passes away without leaving behind a

Will, his interest in the flat will be distributed according to the provisions of the Intestate Succession Act. The

deceased€™s family has to engage a private solicitors to apply to the Court for a Grant of Letters of

Administration. The Grant of Letters of Administration is a Court Order that gives the legal authority to the

Administrator to administer the deceased's estate.

Once the Grant of Probate or the Grant of Letters of Administration has been obtained, the

Executor/Administrator can engage their own solicitors or appoint HDB solicitors to act for them to register their legal right as the Executor/Administrator of the flat. Thereafter, the Executor/Administrator may apply to transfer the deceased's share of the flat to the beneficiaries or sell the flat in the open market together with the remaining co-owner's (if any), subject to HDB's eligibility conditions and scheme.

[applefreak 1]

U cannot keep the flat forever ! As far as i know,under Tenancy in common, if one owner passed away, they cannot sell the flat but the 2nd owner can stay until he/she passed away..the flat will be return to HDB.

dun think so lah

for tenancy in common, it will depend on who the deceased owner will the flat to

e.g. husband and wife each own 50% of flat

husband deceased and leave 1/3 of his share to wife and two children

so wife now holds 4/6 while each child holds 1/6 of the flat

they can opt to sell the flat and split the proceeds accordingly

or the wife can buy over the 1/6 from each child

or one child can buy over 4/6 from wife and 1/6 from sibling

[tweetie76 0]

dun think so lah

for tenancy in common, it will depend on who the deceased owner will the flat to

e.g. husband and wife each own 50% of flat

husband deceased and leave 1/3 of his share to wife and two children

so wife now holds 4/6 while each child holds 1/6 of the flat

they can opt to sell the flat and split the proceeds accordingly

or the wife can buy over the 1/6 from each child

or one child can buy over 4/6 from wife and 1/6 from sibling

i dun think so, cos my fren's father in law passed away & MIL receive letter says she cannot sell house !!

For tenancy in common, both owner hold 100% share, any single owner can sell. No need 2 owners consent.

[waileong 0]

U cannot keep the flat forever ! As far as i know,under Tenancy in common, if one owner passed away, they cannot sell the flat but the 2nd owner can stay until he/she passed away..the flat will be return to HDB.

Where did you hear such a thing? That would be scary indeed.

Legal principles would indicate otherwise, ie legal certainty on ownership of property. Of course, there is a 99-year lease, and the flat does revert to the Govt after the lease period, but we are still many years away from that.

i dun think so, cos my fren's father in law passed away & MIL receive letter says she cannot sell house

For tenancy in common, both owner hold 100% share, any single owner can sell. No need 2 owners consent.

This is a bit confusing.

Joint tenancy basically means co-ownership, no need to indicate A-- x%, B-- y%. So whoever survives owns the property. It also means that A + B must sell together.

Tenancy-in-common basically means shared ownership, ie A-- x% share, B-- y% share, where x+y = 100%. If A passes away, his x% is given out to whoever he likes, and as such, B still owns y%. If you want to sell the flat, B can only sell y% of the flat. If want to sell the whole flat, B must get all those who now own x% to also sell at the same time.

Of course, in practice it is impossible to sell y% of a flat, who will want to buy it.

[Warrior88 0]

Hi tweetie76,

Yr intial explaination is very good, thought I know liao. wanted to ignore this thread.

But later. get confuse especially the part .... return to HDB.

Joint tenant - You die, I take all. so very clearcut.

Tenacy in common

Got will - Executor - Grant of Probate

No will - Administrator - Letter of Administration

After that transfer share to beneficiaries.

Finally beneficiaries & surviving owner can sell together and share the proceeds.

If either party not agree to sell now maybe price too low.

Then must wait loh, or compensate the unwilling party by cash or .....

Mine is under joint tenant, do not need to pay so much money to lawyer

for all these court orders. My other half more kiasee than me.

I totally trust that my share will be in good hands.

[applefreak 1]

i dun think so, cos my fren's father in law passed away & MIL receive letter says she cannot sell house

For tenancy in common, both owner hold 100% share, any single owner can sell. No need 2 owners consent.

think you friend's FIL just passed away and the estate has not been distributed

that's why the MIL cannot sell the flat yet

a flat only has 100% so if there's more than one owner

the share of all owners can only add up to 100%

[gendon 0]

That's the point. It's not about pledging. It's the fact that there is a minimum sum. The only thing is I'm not familiar if those in their 60's and 80's today are affected by it. If so, then you can bet CPF will retain the $$$ even if the flat was not pledged.

However, if everything was serviced by cash, then CPF has got nothing to say.

As of 1987, it was required to set aside the Minimum Sum at age 55.

(Source: CPF Board)

And that was 20 years ago, so whoever turned 55 in 1987 would be 75 in 2007, hence affected under the Minimum Sum Scheme already. Homeowners who have purchased property using their CPF savings, it's auto-pledged only when he/she is unable to set aside the required cash component of the Minimum Sum at age 55. For those who are able to set aside the full minimum sum at age 55, then the property is not auto-pledged.

For homeowners who purchase property using hard cash, of course CPF has no charge on the property regardless of whether affected since 1987 or not. In this case, for this such person upon turning 55, there's no pledging of property involved.

For deceased cases, we have to also ensure whether or not the deceased has ever set aside the Minimum Sum jointly with a spouse (this is one of the most commonly overlooked factor). And it is also known that whether or not the deceased made a valid CPF nomination, that any properties bought with CPF savings are not covered under CPF Nomination, but instead will form part of the deceased's estate. Should the deceased did not make any CPF nominations or when existing Nominations are revoked (null & void) due to a marriage after a valid CPF Nomination done, only after CPFB is satisfied that there were indeed no nominations made and/or revoked then the whole case will be closed accordingly & subsequently transferred to the Public Trustee for distribution according to the written law. Then on, Letter of Administration or Grant of Probate will have to be submitted to PT accordingly.

Cheers!

Edited September 17, 2007 by gendon

[leen 2]

Hi tweetie76,

Yr intial explaination is very good, thought I know liao. wanted to ignore this thread.

But later. get confuse especially the part .... return to HDB.

Joint tenant - You die, I take all. so very clearcut.

Tenacy in common

Got will - Executor - Grant of Probate

No will - Administrator - Letter of Administration

After that transfer share to beneficiaries.

Finally beneficiaries & surviving owner can sell together and share the proceeds.

If either party not agree to sell now maybe price too low.

Then must wait loh, or compensate the unwilling party by cash or .....

Mine is under joint tenant, do not need to pay so much money to lawyer

for all these court orders. My other half more kiasee than me.

I totally trust that my share will be in good hands.

warrior88 quite rite. and mind you, the procedures + paperwork + application period, all take very long. it will be longer if the deceased make a vy complicated will or hv alot of properties, shares, cash, jewellery etc. to distribute