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I am writing to seek clarification and advice regarding my HDB flat and future housing arrangements for my mother. I am a Muslim man.

I am currently the sole owner of my HDB flat, and my mother, who is 74 years old, is listed as an occupier. She is not a co-owner of the flat.

I would like to understand the options available to ensure that my mother will not be rendered homeless in the unfortunate event of my demise. Specifically, I would appreciate HDB’s guidance on:

Whether my mother, as an existing occupier, would be allowed to continue staying in the flat after my demise.

What legal or administrative arrangements (e.g. nomination, transfer of flat, inclusion as essential occupier, or other HDB schemes) can be made in advance to safeguard her housing.

Whether a will, CPF nomination, or any HDB-specific application is required to facilitate this arrangement.

Any eligibility conditions or limitations that I should be aware of given her age and occupier status.

My intention is to plan responsibly and ensure housing continuity for my elderly mother, should anything happen to me.

I would be grateful for your advice on the appropriate steps I should take.

Thank you for your time and assistance.
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4 Answers

Good day to you.

It's advisable to engage in estate planning well in advance, as Syariah Law differs from Civil Law. Here’s a checklist to help you get started:

1) Is your mother a Singaporean?
2) Is your property fully paid off?
3) Are you single or divorced with children?

If the first statement is true, I recommend consulting a Syariah lawyer to draft a Hibah Ruqba, which allows you to gift the property to your mother.

If both the first and second statements hold true, you can apply to make your mother a co-owner. With the Right of Survivorship and the Hibah Ruqba in place, your mother will inherit the property upon your passing if you do not have children.

It's important to note that your mother is considered a legal Faraid heir to your property, and having a Will does not increase her share of your estate unless all other heirs consent to it after your passing. However, your CPF will be distributed according to your nomination.

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Your mother, as an authorised occupier, may be allowed to stay temporarily after your demise, but this is not a permanent right.

The flat will form part of your estate and be distributed under Syariah (Faraid) law, subject to HDB ownership rules.

Occupier status does not automatically convert to ownership, even for elderly parents.

CPF nomination does not affect HDB flat ownership, and you cannot pre-nominate an occupier to become owner.

The flat can only be retained if at least one beneficiary is eligible to own an HDB; otherwise, it must be sold.

Compassionate appeals may allow short-term stay but rarely override ownership rules permanently.

Recommended next steps:

Prepare a Syariah-compliant will

Seek guidance from HDB on possible retention scenarios

Identify a backup housing plan for your mother

Bottom line: Temporary stay is possible, but long-term security depends on estate planning and having an eligible successor.
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Hi,

1) I would recommend you to prepare a will for this housing arrangement for your mother.
2) My understanding on the Syariah inheritance without a will, the major distribution of the shares will goes to a male relatives; such as son, father, brother & uncle, etc, whichever is available.
3) Mother is never on the priority list.
4) However, your mother must be a citizen to keep the flat. You may appeal if she is a PR (have to do it now). But, the chance of her keeping the flat is extremely slim if she is a foreigner.
5) You have to consult your lawyer preparing the will for the administrative arrangement.
6) CPF nomination is separate from the flat. Your mother can be the beneficiary of your CPF if nominated. This has no constraint on the residential status.
7) I believed that you will have insurance (since this compulsary) on the outstanding loan if there is any. Any outstanding loan will be take care by the insurance, so need not worry about this.
8) You may consider to assist her to prepare a LPA so that someone can take care of her at a later date.

All The Best!!!

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.
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Best regards
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Is your mum a Singapore Citizen? If your mum is not a Singapore Citizen, she will be ineligible to hold on to the HDB even if you have done a will to pass on the property to her.

A will is definitely important in estate planning and it is highly advisable to plan out early. Read More
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