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TypicalMan 10-04-2018 09:32 PM

Need advice on HDB inheritance
 
My parents bought an HDB decades ago under Joint Tenancy agreement. Few years back my father passed away and my mum became the sole owner of the flat. My maternal half-blood brother tried to sweet talk her to put him as a co-owner (unsure what's the status right now). So right now if my mum have any mishap(touch wood), will my half-blood brother and I each get 50% of the flat?

Both of us are under age 35 and none of us own any HDB/private property. I am staying with my mum while he is renting flat outside. My mum still have a few years of outstanding loan.

Z_Dash 10-04-2018 10:13 PM

Quote:

Originally Posted by TypicalMan (Post 113737535)
My parents bought an HDB decades ago under Joint Tenancy agreement. Few years back my father passed away and my mum became the sole owner of the flat. My maternal half-blood brother tried to sweet talk her to put him as a co-owner (unsure what's the status right now). So right now if my mum have any mishap(touch wood), will my half-blood brother and I each get 50% of the flat?

Both of us are under age 35 and none of us own any HDB/private property. I am staying with my mum while he is renting flat outside. My mum still have a few years of outstanding loan.

Are you the co-owner with your mom for this flat?

TypicalMan 10-04-2018 10:51 PM

Quote:

Originally Posted by Z_Dash (Post 113738437)
Are you the co-owner with your mom for this flat?

Nope. Right now, the flat is under my mum's name

kiatme 11-04-2018 01:23 AM

Whose half is it, your dad or mom, and what's your mom's stance?

Better to seek legal advice because hdb most likely isn't going to care, and most of us here aren't capable of advising you on legal issues

Can google free legal clinics and call and ask if they willing to entertain your case and just make an appointment

Also can ask your mom to draft a will, but ultimately I feel you should speak to your mom if you're concerned about this matter

Endless09 11-04-2018 10:14 AM

Agreed with Kiatme post. Find legal advices and get your mum to draft a Will and maybe at the same time, appointment either yourself or anyone to handle her estate once she passed on (touch wood).

Mind checking; your half maternal brother is from your dad or mum side?

Papermate 11-04-2018 10:20 AM

Maternal half blood brother?

Your mother had another son from a previous marriage?

And he wants to get a share of the family asset, the HDB flat?

Even your name is not added to the property as a co-owner, and he wants his in.

TypicalMan 11-04-2018 01:10 PM

Mom side. Will definitely seek legal advice if things were about to go bad. She's the traditional type that thinks will is a taboo subject.

Quote:

Originally Posted by kiatme (Post 113741766)
Whose half is it, your dad or mom, and what's your mom's stance?

Better to seek legal advice because hdb most likely isn't going to care, and most of us here aren't capable of advising you on legal issues

Can google free legal clinics and call and ask if they willing to entertain your case and just make an appointment

Also can ask your mom to draft a will, but ultimately I feel you should speak to your mom if you're concerned about this matter


TypicalMan 11-04-2018 01:13 PM

My name is not added because that would eliminate me as a first time bto buyer.

Quote:

Originally Posted by Papermate (Post 113745858)
Maternal half blood brother?

Your mother had another son from a previous marriage?

And he wants to get a share of the family asset, the HDB flat?

Even your name is not added to the property as a co-owner, and he wants his in.


Pokémon 11-04-2018 01:26 PM

Quote:

Originally Posted by TypicalMan (Post 113749857)
My name is not added because that would eliminate me as a first time bto buyer.

Do you intend to get married and apply for a BTO with your partner in the near future? Having your name in it does not make you lose your chance as a first time BTO buyer, though you would still need to remove your name if you ever apply for a BTO.

You are on the losing end though, since your half brother knows how to play the game, and has more to gain if he wins.

member1 11-04-2018 01:29 PM

if only ur mom name than it will share

if with co- name than it will be the next who live own 100%, u get 0%

TypicalMan 11-04-2018 01:45 PM

Thanks for the clarification. I always thought that once my name is in it I would disqualified as first time buyer.

We have plans to apply for btc and get married but not in the near future though.

Quote:

Originally Posted by Pokémon (Post 113750145)
Do you intend to get married and apply for a BTO with your partner in the near future? Having your name in it does not make you lose your chance as a first time BTO buyer, though you would still need to remove your name if you ever apply for a BTO.

You are on the losing end though, since your half brother knows how to play the game, and has more to gain if he wins.


TypicalMan 11-04-2018 01:46 PM

The flat will share among me and my half brother even though the flat initially belongs to both of my parents?

Quote:

Originally Posted by member1 (Post 113750249)
if only ur mom name than it will share

if with co- name than it will be the next who live own 100%, u get 0%


kyteo79 11-04-2018 02:01 PM

Quote:

Originally Posted by TypicalMan (Post 113750666)
The flat will share among me and my half brother even though the flat initially belongs to both of my parents?


1) you disallowed your name with your mum name in the flat ? because you wana buy a BTO ? So after buy your BTO you will bring your mum to the new BTO house and stay together?

2) Your maternal half brother (assume non blood related? non legal ?) in the sense once your mum gone he would have ownership of the house since your name is not as owner.

3) Even there is a will, you will not own anything since he is then the sole owner after your mum pass on.

TypicalMan 11-04-2018 08:38 PM

1) she thought that by having my name as co-owner will disqualified me as a first time buyer which is why my name wasn't added into it.

2) we are somehow related. Same mum different father.

Quote:

Originally Posted by kyteo79 (Post 113751003)
1) you disallowed your name with your mum name in the flat ? because you wana buy a BTO ? So after buy your BTO you will bring your mum to the new BTO house and stay together?

2) Your maternal half brother (assume non blood related? non legal ?) in the sense once your mum gone he would have ownership of the house since your name is not as owner.

3) Even there is a will, you will not own anything since he is then the sole owner after your mum pass on.


eric3743 12-04-2018 12:10 AM

Quote:

Originally Posted by TypicalMan (Post 113759264)
1) she thought that by having my name as co-owner will disqualified me as a first time buyer which is why my name wasn't added into it.

2) we are somehow related. Same mum different father.


Do refer to HDB website on the meaning of First-Timer;

Quote:

You will be considered a first-timer applicant if you have not received any housing subsidy from HDB.
> First-Timer Applicants for more info and details.

Bookmarked for future reference & further reading.

henrylbh 12-04-2018 01:23 PM

HDB does recognise Will for flat under joint tenancy, except tenant in common
100%,goes to surviving joint owner.

Inherited flat should not affect beneficiary status as first timer.

Oustanding loan must be settled by estate or beneficiary, unless covered by HPS.

windwaver 12-04-2018 03:23 PM

Quote:

Originally Posted by eric3743 (Post 113764643)
Do refer to HDB website on the meaning of First-Timer;



> First-Timer Applicants for more info and details.

Bookmarked for future reference & further reading.

This means that you must not:

Be the owner of a flat bought from HDB


Cannot be owner, if not, first timer status will be void.

eric3743 12-04-2018 04:17 PM

Quote:

Originally Posted by windwaver (Post 113776017)
This means that you must not:

Be the owner of a flat bought from HDB


Cannot be owner, if not, first timer status will be void.

Not technical correct.

Not be the original owner that bought the flat direct from HDB.
Which include any benefit, as in subsidy, from HDB.
Subsidy do include that the flat is cheaper as being subsidy flat by HDB.

Usually if for example TS is to add his name to as Owner for several reason, which may include using TS's CPF for the flat or taking loan using TS name, etc.
And also allow TS to take over the flat as the TS name is under Ownership, with or without any financial inclusive.
As since TS did not enjoy any benefit from HDB, this is not consider as first-timer.
Just co-own HDB flat, which allow 2 or more names as ownership, on whether
added later on.
Whereas currently TS is considered as Occupier, which has no ownership to the flat.

Also should TS is the sole owner at a later stage, he still can apply as first-timer to HDB flat.
Provided TS has to sell the existing flat upon taking ownership of new HDB flat, within a certain period.

kyteo79 12-04-2018 06:21 PM

Quote:

Originally Posted by TypicalMan (Post 113759264)
1) she thought that by having my name as co-owner will disqualified me as a first time buyer which is why my name wasn't added into it.

2) we are somehow related. Same mum different father.

So my question was, which you did not answer

when u buy your new BTO, will you ask your mother to shift in to stay in your new BTO ?

++
In that case it is going to be 50-50 split

weeasee 12-04-2018 08:28 PM

If you were to inherit a resale flat from your mother, then you definitely will still remain a first-timer when you decide to apply for BTO in the future.

LeSaux 12-04-2018 11:45 PM

Your mum is legally married to your dad so in the eyes of HDB you are the beneficiary

TypicalMan 13-04-2018 11:22 AM

Thanks for the clarification regarding the ownership of the flat.

Quote:

Originally Posted by eric3743 (Post 113777295)
Not technical correct.

Not be the original owner that bought the flat direct from HDB.
Which include any benefit, as in subsidy, from HDB.
Subsidy do include that the flat is cheaper as being subsidy flat by HDB.

Usually if for example TS is to add his name to as Owner for several reason, which may include using TS's CPF for the flat or taking loan using TS name, etc.
And also allow TS to take over the flat as the TS name is under Ownership, with or without any financial inclusive.
As since TS did not enjoy any benefit from HDB, this is not consider as first-timer.
Just co-own HDB flat, which allow 2 or more names as ownership, on whether
added later on.
Whereas currently TS is considered as Occupier, which has no ownership to the flat.

Also should TS is the sole owner at a later stage, he still can apply as first-timer to HDB flat.
Provided TS has to sell the existing flat upon taking ownership of new HDB flat, within a certain period.


yusoffb01 13-04-2018 11:26 AM

wah the other person trying to steal the flat

TypicalMan 13-04-2018 11:26 AM

No plans for applying any bto in the near future and I really love where I am living now. But to answer your question l, if I were to buy my own bto, I will ask her to shift with us.

Quote:

Originally Posted by kyteo79 (Post 113780008)
So my question was, which you did not answer

when u buy your new BTO, will you ask your mother to shift in to stay in your new BTO ?

++
In that case it is going to be 50-50 split


TypicalMan 13-04-2018 11:27 AM

But under the inheritance law, my half blood brother is also my mum's child.

Quote:

Originally Posted by LeSaux (Post 113786347)
Your mum is legally married to your dad so in the eyes of HDB you are the beneficiary


vinz 13-04-2018 12:07 PM

Quote:

Originally Posted by TypicalMan (Post 113737535)
My parents bought an HDB decades ago under Joint Tenancy agreement. Few years back my father passed away and my mum became the sole owner of the flat. [B]My maternal half-blood brother tried to sweet talk her to put him as a co-owner (unsure what's the status right now).

Part 1

If he is co-owner, need to check what type of ownership he belongs to.

If JOINT OWNER, then if your mum pass on (touch wood), he will automatically become the sole owner (100% of flat goes to him).

If Tenancy in common (meaning percentage of share in the flat, can be 1% to 99%) , if your mum pass on, then her share will be divided according to our government inheritance law.

Meaning your brother share is still his (you got no say in that), your mum's share may be spilt between all her children etc

Pls click and read : What happen to flat after demise of owner ?
Quote:

So right now if my mum have any mishap(touch wood), will my half-blood brother and I each get 50% of the flat?
If he isn't the co-owner at this stage, then it be according to the inheritance (read about website link).

If he is already a co-owner, then it be according to part 1 above.
Quote:

Both of us are under age 35 and none of us own any HDB/private property. I am staying with my mum while he is renting flat outside. My mum still have a few years of outstanding loan.
Actually we only hearing your side of the story.

You are pretty much concern about your first timer status for your BTO flat with future spouse. Meaning you should have the ability to buy a flat etc.

He is more concern about monthly rental cost which he is currently incurring and trying to secure a roof over his head. Basically I see no wrong on what he is doing since she is also his mother, not sure about your "sweet talk" labeling.

-vinz

windwaver 13-04-2018 12:53 PM

Quote:

Originally Posted by eric3743 (Post 113777295)
Not technical correct.

Not be the original owner that bought the flat direct from HDB.
Which include any benefit, as in subsidy, from HDB.
Subsidy do include that the flat is cheaper as being subsidy flat by HDB.

Usually if for example TS is to add his name to as Owner for several reason, which may include using TS's CPF for the flat or taking loan using TS name, etc.
And also allow TS to take over the flat as the TS name is under Ownership, with or without any financial inclusive.
As since TS did not enjoy any benefit from HDB, this is not consider as first-timer.
Just co-own HDB flat, which allow 2 or more names as ownership, on whether
added later on.
Whereas currently TS is considered as Occupier, which has no ownership to the flat.

Also should TS is the sole owner at a later stage, he still can apply as first-timer to HDB flat.
Provided TS has to sell the existing flat upon taking ownership of new HDB flat, within a certain period.


https://c1.staticflickr.com/1/885/27...9a98195c_b.jpg


This means that you must not:

Have transferred the ownership of a flat bought from HDB, or an HDB resale flat bought with a CPF Housing Grant


Now that's the confusing part. Suppose you are right, that means the way HDB word it should be more precise.

In that case, TS should immediately add his name as "Joint Tenancy".

https://c1.staticflickr.com/1/863/39...bd8d7dc7_b.jpg

kyteo79 13-04-2018 04:16 PM

Quote:

Originally Posted by TypicalMan (Post 113792405)
No plans for applying any bto in the near future and I really love where I am living now. But to answer your question l, if I were to buy my own bto, I will ask her to shift with us.

Then in that case you need not too concern when your mum pass on who will take over the house. Maybe your mum already draw the will already.

eric3743 13-04-2018 04:51 PM

Quote:

Originally Posted by windwaver (Post 113794249)
https://c1.staticflickr.com/1/885/27...9a98195c_b.jpg


This means that you must not:

Have transferred the ownership of a flat bought from HDB, or an HDB resale flat bought with a CPF Housing Grant


Now that's the confusing part. Suppose you are right, that means the way HDB word it should be more precise.


It is not confusing or misleading at all, but how you read it on the whole.

Read it this way;
Quote:

  • You, the applicant to buy from HDB direct, Have transferred the ownership of a flat bought from HDB
  • You, the applicant to buy from HDB direct, Have an HDB resale flat bought with a CPF Housing Grant

This refer to the applicant who had;
  • bought the flat the from HDB and then transferred the said ownership
  • taken a CPF Housing Grant from HDB which refer as being subsidy from HDB.

In other word, BENEFIT from any one of the HDB subsidies.

This is in reference to a person who had bought the flat with any HDB subsidies, which is nothing to do with the property itself.

To avoid those who owned a flat bought from HDB subsidy and find ways to passed the ownership to others; and subsequently buy another HDB subsidy flat.
These owners will be classified as not first-timer, but second buyer which have to pay certain fees from the benefit from the 1st flat.


Nobody can escape from the records, as HDB do keep your profile history in their records from the point you purchased or has a name to a HDB flat, whether direct or open market.

The next thing HDB did is to trace and get a full history of your profile on ALL Private And Public Properties with your names, including co-owner & essential occupier of the said HDB flat.
Meaning all private properties transaction will be screened by HDB for private property owner names against their HDB records.

As i had violated one of the HDB policy on private property ownership and went thru a long process to fully understand by face talk with the HDB Officer.
End the end, i had to return the said new BTO HDB at cost, loosing my CPF interest and renovation costs, etc.
Ever since return the said new HDB flat, recently asked another HDB officer on me as still consider as First-Timer, although bought 2 resale HDB flat from open market, of which the recent HDB flat was classified as SERS project.
Learning experience after all these happening and also learnt from HDB Officers on their policy.
Beside this history of incidents, i do have others. . . as my HDB record history is thick.


Regards.

eric3743 13-04-2018 05:16 PM

Quote:

Originally Posted by kyteo79 (Post 113798255)
Then in that case you need not too concern when your mum pass on who will take over the house. Maybe your mum already draw the will already.


To put it bluntly.

What your parents do, and as the child you cannot question your parents.

This type of incident did happened to me, as my sibling refused to honour what our father paid partially to one of the sibling's property.
Make the profit and all was kept by this sibling.
Very long history and story . .

To this day, i am satisfied with a fully paid 5-room BTO HDB flat and still able to survive..

qhong61 21-09-2018 06:11 PM

Is it true that occupier of hdb flat automatically becomes beneficiary when both parents passed away? How abt the siblings who had moved out? Are they entitled to any share?

slashGNR 21-09-2018 07:49 PM

Quote:

Originally Posted by qhong61 (Post 116629185)
Is it true that occupier of hdb flat automatically becomes beneficiary when both parents passed away? How abt the siblings who had moved out? Are they entitled to any share?

Not sure if this will answer your question...

https://singaporelegaladvice.com/law...e-distributed/

Manasa62 22-02-2019 11:38 AM

Quote:

Originally Posted by TypicalMan (Post 113750666)
The flat will share among me and my half brother even though the flat initially belongs to both of my parents?

First of all, HDB inheritance can be decided through a Will. If your mum writes she wants to give 80% to you and 20% to your brother, that's what will happen. The question you have is about if there is no Will. In that case if both of you are her legal children, you'll both get 50% (she is the 100% owner and only that matters).

After that you and your brother will be in a "Tenancy-in-Common" ownership even though your mum was in "Joint Tenancy". You can read this to see how HDB inheritance works.


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