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Hi, I need advice from someone well-versed in HDB inheritance law and able to advice on the following situation:

Sole owner of HDB has passed on, and HDB is left to son and daughter. Both son & daughter currently own private property. HDB is in process of being transferred to executor of estate (son). Understand from HDB that upon successful transfer, there is 1 year to 1.5 years window to sell the flat.

So now comes the tricky part. Daughter wants to sell private property to move into the inherited HDB, with intention to stay there during the 15 mth wait-out period before buying another resale HDB.

Question:
1. By staying in the inherited HDB (currently still in status of being transferred to executor of estate), will she need to fulfil the MOP of 5 years?
2. Can the inherited HDB be sold off after 15 mths without any issue?
3. Can the daughter purchase a resale HDB after 15 months (after selling the private property), even though she is a beneficiary of the inherited HDB?

Thank you gurus!
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5 Answers

Hi,

This falls under the non-typical scenario as there is no straightforward regulation on this, and where you need HDB Branch's input because it is all subject to HDB's discretion and whether they can exercise the flexibility to accommodate your preferred approach. We can only make guess-timates on what is likely to happen, but please note below are speculative and all requires HDB approval.

1) As the inherited HDB still belongs to the estate, technically there is no transfer of ownership and hence I would think you need not fulfil a fresh MOP

2) This is subject to HDB's discretion. The timeframe of 1 year to 1.5 years given I think is not a hard and fast rule, and I have encountered executors in similar situation that were give more time than that to sell because the administrative process was dragged out for quite long and over the covid disruptive period where it is difficult to get things moving on the legal side. It is advisable to provide details of your situation and intended plan so to see whether HDB can exercise the flexibility to allow your sister to stay in the inherited HDB for the next 15 to 18 months for transition purposes, and thereafter dispose the property.

3) As long as the legal ownership of the inherited HDB does not transfer to her, I think it shouldn't affect her purchase eligibility as long as she observes the 15 month wait out period after selling the private property.

As aforementioned, only HDB Branch can clarify whether your plan is feasible as they have the discretion to decide. It would be good to share the situation upfront with them citing altruistic family reasons (maybe sentimental value factor) to want to stay for an extra period before selling, to increase the chances of appeal approval. Look forward to assist if you need more inputs, I am contactable at 97432395  for further discussion.

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

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Hello

The process is very straightforward.
as long as the sibling are in agreement with proposed timeline, there should not be any issues.

Unless there is internal disagreement
You can call me at my mobile to discuss in further details

Mobile 97508318 
Silvia Chua
ERA Realty Network Pte Ltd Read More
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Dear sir/mdm,

Are there any disagreements between the siblings on how this flat should be managed? If both are agreeable, the only issue I see here will be the timeline.

Since you have mentioned that the sister has not sold the private property, the time taken to sell and complete the sale may take time, thus, the 15 months window period for her to observe before purchasing a resale HDB will be affected. In this scenario, the sister may also require to move the 2nd time before she finalises her own purchase.

There is no need to fulfil the 5 years MOP upon inheriting the property. The property will be sold with executor signing on the official documents, and it does not mean the the property ownership will be transferred. In this case, this requirement to sell is independent of the sister moving in and as long as marketing of the property and viewings can take place, the timeline for the sale to happen will still be in place. The sister will still be eligible to purchase a resale HDB after the sale of private property too.

I have been in the real estate business since 2009, with more than 13 years of experience serving the Singapore real estate market.

I am very active in the residential segment of Singapore real estate market, having transacted hundreds of deals from HDBs to private condominiums and landed properties in Singapore, and have handled many unique cases in sales and purchases as well as rental deals.

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Hi,

Let me answer your questions directly as follows:
1) Yes, by taking the ownership of the HDB flat. The daughter will have to fulfill the 5-year MOP before being allowed to buy private residential property or sell this HDB flat and buy another HDB flat.
2) Whether the HDB allowed the HDB to be sold after 15 months shall depend on the HDB's discretion. The normal situation is the HDB has to be sold within 6 months once the executor is appointed.
3) The daughter can buy a resale HDB after a 15-month wait-out period upon completion of her sale. This is not an issue and is in line with the current policy.
The above is provided the HDB flat is sold within this period.

I wish to further elaborate on some facts for your consideration:
1) If the HDB flat was bought before 30th August 2010, the son and daughter may keep the HDB even though they both own private residential property.
2) However, in order to keep the HDB flat with both their names, they both have to shift into this HDB flat.
3) So, if the daughter wanted to take over the HDB flat. She just needs to sell her private property and pay for her brother's share using the sale proceeds.
She can bring this to the HDB attention of her intention, and appeal for the approval of her proposal. So that she has sufficient time to sell and complete the legal process of taking over the ownership of the HDB. The daughter also has to highlight to be excused from the 15-month wait-out period.
4) Using this approach, the daughter doesn't have the stress of fire-sale her private property and is able to sell at the current market rate.
5) If there is a shortcoming of funds after selling her private property. She will have to apply for a bank loan to cover the difference.
6) I would think that the HDB will give leeway for her to excuse herself from the 15-month wait-out period but unlikely that will approve her to receive an HDB loan.
7) Finally, if the intention is to make use of the inherited HDB flat for accommodation during the 15-month wait-out period. My opinion is the HDB is unlikely to approve.

Please give me a thumbs-up if the answer provided is relevant to your main concern. Thanks!!!

Hope the above answers your main concerns, but if there are more queries, 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 Read More
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