Can HDB be used as Gift?

[Jman888]

癌妇妹揭内情：姐当情妇25年　死后组屋送男友

08/06/2014 on 新明日报 by 陈莹纮 , 赖凌杉

金文泰封屋风波，癌妇妹现身揭内情，指姐姐当不成新娘，竟没名没分当了25年情妇，死后还将组屋送给男友。

《新明日报》日前报道，一名50多岁的癌妇临终时，将房子当爱的礼物，送给已婚男友，她死后，男友带锁匠上门封屋，惊动警方上门，癌妇妹妹举刀与警对峙，最后被警方带走。

癌妇黎亚莲的妹妹黎女士（54岁，散工）昨天联络本报，表示要公开事情的真相。

完整报道，请翻阅08.06.2014《新明日报》。

 

 

a single woman pass away due to cancer, she give her flat to her 'married' boy friend who came to locked up the unit when the sister of the decease refused to hand over, and was taken away by the police.

question: can the 'boy friend' own two hdb units? when he is already married and have his own flat?

[13177]

Say only but maybe haven't submit documentation yet?!

[Kangadrool]

need to have a will in place. If no will, state law applies.

 

If yes, he's entitled to the inheritance.

 

If he already owns another HDB flat, he must sell either one. He keeps the sale proceeds.

 

Correct?

 

 

 

Edited June 9, 2014 by Kangadrool

[13177]

Meaning whether have will or not, a person cannot own two hdb flat?!

[Kangadrool]

Of course, cannot own more than one. Otherwise, many "rich" people liao - in the sense that many will just rent out to collect rental, and not enough used units to recycle back to open market.

 

Meaning whether have will or not, a person cannot own two hdb flat?!

 

[13177]

So in this case no use even someone wanted to give their hdb flat as a gift.

[Kangadrool]

you don't want, gift to me lah.

 

Why not? Can still sell it away for ca$h. You don't want?

 

So in this case no use even someone wanted to give their hdb flat as a gift.

 

Edited June 9, 2014 by Kangadrool

[Tommisan]

http://bensonkoh.com/2009/singapore-estate-law-can-you-will-your-hdb-to-siblings/

 

The above answers TS question.

Edited June 9, 2014 by Tommisan

[13177]

you don't want, gift to me lah.

 

Why not? Can still sell it away for ca$h. You don't want?

 

 

Sell the one who can fetch higher price lo.

[Jman888]

Sell the one who can fetch higher price lo.

 

 

from the link by Tommisan, if they already own a flat and the decease did not specify the proceed, just the flat in her will, mean the boy friend cannot qualify to inherit the flat?

[Kangadrool]

but first must understand if the flat is joint tenancy or tenancy-in-common.

 

Joint Tenancy

A joint-tenancy is a form of ownership where all co-owners have an equal interest in the flat, regardless of the individual owner's contribution to buy the flat.

In joint-tenancy, there is a right of survivorship. This means that upon the death of a joint-tenant, his/her interest in the flat will automatically be passed to the remaining co-owner(s), regardless of whether the deceased joint-tenant has left behind a Will.

Example:
Mr. A, Mrs. B (wife) and Mr. C (son) own an HDB flat as joint tenants. In the event of Mr. A’s death, the ownership of the flat will automatically be passed to Mrs. B and Mr. C.

Mrs. B & Mr. C will have to continue to service the monthly loan instalment unless the outstanding loan is paid up by the mortgage insurance arising from late joint-tenant's death.

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Tenancy-in-Common

Tenancy-in-common is a form of ownership where each co-owner holds a separate and definite share in the flat. However, all the co-owners are entitled to live in the whole flat regardless of their share in the property.

There is no right of survivorship in tenancy-in-common. The deceased's interest in the flat does not pass on automatically to the remaining co-owner(s). Upon the death of a tenant-in-common, the deceased's interest in the flat will be distributed according to his Will (if any) or according to the provisions of the Intestate Succession Act.

The HDB's policies are based on similar lines, regardless of whether the flat is held under tenancy-in-common or joint-tenancy.

 

 

 

 

from the link by Tommisan, if they already own a flat and the decease did not specify the proceed, just the flat in her will, mean the boy friend cannot qualify to inherit the flat?

 

[Soya]

 

 

a single woman pass away due to cancer, she give her flat to her 'married' boy friend who came to locked up the unit when the sister of the decease refused to hand over, and was taken away by the police.

question: can the 'boy friend' own two hdb units? when he is already married and have his own flat?

 

 

 

WLL.....hdb 'owners' are in fact a lessee. So if your tenant kaputz, does that mean they can suka suka pass your property to anyone they like?

[Soya]

need to have a will in place. If no will, state law applies.

 

If yes, he's entitled to the inheritance.

 

If he already owns another HDB flat, he must sell either one. He keeps the sale proceeds.

 

Correct?

 

 

 

 

not correct. even if a person is alive, there are restrictions/laws governing who can acquire a hdb flat.

 

doesn't mean a will so is powderful that it can override the an act of parliament.

[Kangadrool]

of course the inheritator must still meet the requirements of physical occupation of HDB flat, failing which, he/she MUST sell it. Proceeds he/she keeps, but he/she cannot own it. Just like those who owns HDB flat, but parents willed the flat over = cannot own both, MUST sell one.

 

 

not correct. even if a person is alive, there are restrictions/laws governing who can acquire a hdb flat.

 

doesn't mean a will so is powderful that it can override the an act of parliament.

 

Edited June 9, 2014 by Kangadrool

[Jman888]

of course the inheritator must still meet the requirements of physical occupation of HDB flat, failing which, he/she MUST sell it. Proceeds he/she keeps, but he/she cannot own it. Just like those who owns HDB flat, but parents willed the flat over = cannot own both, MUST sell one.

 

 

 

Can will it to a stranger? Like that ah long can force the owner to will their flat to them ?

[Kangadrool]

The law never prohibits it leh.

 

But, it may be an interesting case if it is brought up to court when family members fought over it.

 

Can will it to a stranger? Like that ah long can force the owner to will their flat to them ?

 

 

[Nzy]

Can. My uncle's will state that his flat will go to his girlfriend. When he passed away she had to sell it but can keep the proceeds since she is not eligible to own the flat.

[Joseph22]

Can. My uncle's will state that his flat will go to his girlfriend. When he passed away she had to sell it but can keep the proceeds since she is not eligible to own the flat.

The will have to be first legally binding right? If no legal endorse won't count?