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Hi
Just like to check if anybody can advise on a scenario below. Currently, say the person has a sole ownership of HDB flat. If the person has a son who owns a private property but still staying with his dad. The will of the father indicates to leave the flat to the son. What will happen to the HDB flat if the person passes on? Can the son take over ownership of the HDB flat ? Or will he be "forced" to sell it as he already has a private property?
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2 Answers

YT Tan (陈永达)
Good afternoon,

Usually for such situation son has to decide which property to hold on to and sell off the other.

If keep HDB, need to fulfill 5 years MOP and sell off private.

If keep private, need to sell off HDB.

Hope my sharing clears your doubts. May I know how can I value add further in your property needs?

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YT TAN 陈永达 | ACCA Graduate, RES
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Hi,

There are two legal components in your enquiry; law of succession and HDB rules & regulation.
(1) Under law of succession, there is a priority and way of distribution of wealth after a life event.
With a Will: Court will issue "Grant of Probate" and appoint "Executor" to carry out his will compliance to "Testate" Succession.
If the will is clear, than no doubt the son will succeed the HDB flat if there are no objection to the distribution.

(2) Let's said the son succeed the property. He will has a choice to dispose either private or HDB flat.
This is under HDB rules & regulation, that if someone (including both PR & SC) inherit a HDB flat, he is not allowed to keep HDB flat & hold on to a private property.

Hope the above answer to 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

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