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A HDB bought before 30 Aug 2020 is currently under jointed tenancy.

(1) If both parents passed on, and without a will, will the house be given 50% each be bequested to the son and daughter?

(2) The son owns a HDB and a condo and the daughter owns a condo. As one cannot own 2 HDB, will the son be forced to sell the inherited HDB within x months? And can the daughter buys the 50% from the son without affecting her condo/having to pay additional taxes?

(3) If the daughter chooses to sell her condo to buy 50% of the HDB from the brother, can she do so? Any restriction that she should be aware of? Must the transaction be completed within x mths?

(4) Due to concerns about mortgage payment and job uncertainty, if the daughter chooses to sell the inherited house with her brother and also her own condo, can she then buy a smaller resale HDB simultaneously so that at least she has a place to stay ? Any restriction that she should be mindful of?

Thanks
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4 Answers

Hi Sir/Mdm,

Let me try to address your concerns:

1. Yes you are correct!

2. Both the son and daughter will not be able to inherit the HDB because the son will not be able to hold both HDB at the same time and the daughter if she wish to hold on to the HDB, she will need to sell off her condo.

3. Yes this is possible. There are no restrictions as long as the daughter is eligible to purchase a HDB flat. Once the daughter buys over the 50%, the sale of the condo will need to be done within 6 months after the purchase of the 50% share of the HDB.

4. Yes this is possible as well. As long as the sale and purchase is timed concurrently and properly, we can ensure that the daughter can transit smoothly from one property to another without the need for an interim housing solution.

There seems to be some variables in the situation. Please feel free to contact me so that I can understand your situation better and provide you with different solutions and approach and analyze for you to determine which is the best approach.

Regards,
Nick Tan
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Hi,

Thank you for your enquiry.

1) Yes if the owners passed on without a Will, it will be bequeathed equally to the son and daughter.

2) The son cannot hold onto the inherited HDB as he has another HDB at the moment. The daughter cannot hold onto the inherited HDB without selling her condo.

3) It is likely possible to inherit the HDB as long as she is selling her private property within 6 months of the completion. Do note to check with HDB on any criteria and eligibility criteria to meet before execution, as 50% of ownership is held by you.

4) If she decides to sell off both the ownership share of the inherited HDB and the condo, yes she can purchase the resale HDB on the sole name no issue, as long as she is 35 years old single singaporean citizen.

May I have more info and requirements about your plans so to make better recommendations? Thanks and look forward to value-add to your housing plans.

Warm Regards,

Ivan Ng Realtor
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Robbie Chen Chee Howe
Hi,

Based on your described situation:

1) Yes, in accordance to Singapore Intestate Law

2) The son has a choice to inherit the HDB and sells off his own HDB and condo. The daughter has the option to keep or sell the HDB or her own condo. If the inherited flat is a non-subsidized flat that is purchased before 30 August 2010, both the son and the daughter can inherit the flat without selling off their respective condos.

3) Yes, she can purchase 50% share of the flat from her brother within 6 months. Do take note that she must also meet all eligibility conditions of owning a HDB flat.

4) Yes, this is possible as well. As previously mentioned, the daughter must meet all eligibility conditions of owning a HDB flat.

I am experienced and well-versed in both HDB and private transactions. I will be able to assist you in your property plans. Please get in touch with me for a more in-depth discussion.

Should you need require further assistance in matters relating to property, please contact me at my mobile 9748 6305  . I will be happy to assess and share with you the possibilities for you in the current market.

Thank you.

Best regards,
Robbie Chen
 9748 6305 
PropNex Realty Read More
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Hi,

1) Under the current intestate succession act, there are several scenarios:
(a) This flat is under joint tenancy, the spouse will takeover 100% first.
(b) Once this spouse passed away, then it will be evenly distributed to this survivor's children.

2) Both the son and daughter faced the same situation. The current HDB policy is whoever takes over the HDB flat has to dispose of their current property (both HDB & Pte) within 6 months.

3) Yes, this is feasible. It is an understood way of moving forward.
The brother can just do a part-sales to the daughter by following the instructions provided by the HDB:
https://www.hdb.gov.sg/residential/living-in-an-hdb-flat/changing-owners-occupiers/change-in-ownership/resale-of-partshare

4) The daughter can do all these simultaneously and does not necessarily be hindered by the inherited HDB.
(a) Put the inherited HDB and her condo out to market at the same time.
(b) Look for the smaller resale HDB.
This is provided she has the financial capacity to pay for the purchase, stamp duty, and legal fees.
If she needs the funds from the sales of Pte or the inherited HDB, then it will be best to wait till one of these was sold before sourcing for the next accommodation.

5) The inherited HDB flat must be sold within 6 months when the court order is issued.
The private condo has to be sold within 6 months upon key collection of the new purchase.

6) IRAS will not charge ABSD when you buy ABSD unless you are SPR. Because under current HDB policy you have to dispose of your property (be it HDB or Pte) within 6 months.

Hope the above answer to your main concerns, but if there are more query, please feel free to contact me at 90110636  , or email: ling.ck7@gmail.com if more information is needed.
I'll be glad to assist.

Best regards
Ling CK
 90110636 
ling.ck7@gmail.com
https://R056727F.propnex.net/
https://www.facebook.com/Homesellerbuyer

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