Trout
Following up on this issue. please go to
www.hdb.gov.sg
or this link for my infohttp:
www.hdb.gov.sg/fi10/fi10326p.nsf/w/ChgO ... tyCriteria
and this too
As a flat owner, you are allowed to change the holding type of your flat from joint tenancy to tenancy-in-common (in equal or unequal shares), and vice versa. The change of holding type is without monetary consideration, and by way of gift, on grounds of love and affection.
If you wish to convert the holding type of the flat or change the proportion of shares held in the flat, you can either appoint your own solicitors to act for you or you can engage HDB to handle the transaction.
Existing flat owners who are holding the flat under tenancy-in-common can also apply to change the proportion of shares held by them (without monetary consideration).
For tenancy-in-common, the shares of ownership of the flat must be in fractions of the same denominator and must add up to one. Other than the legal status of ownership of the flat, there is no difference in the housing policies governing the lease administration of HDB flats.
* Joint Tenancy
* 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 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.
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Demise of Joint Owner
The remaining family or single occupier is allowed to retain the existing flat after the owner has passed away, provided:
o he/she is a Singapore Citizen or Singapore Permanent Resident (SPR)
o he/she is at least 21 years old
AND
o he/she satisfies HDB's prevailing eligibility rules and conditions to own a flat
Under joint tenancy, if one of the flat owners passes away, the deceased joint-tenant’s share or interest in the flat will be passed on to the surviving joint tenant(s).
For example, husband and wife (both above 21 years old) are holding the flat under joint tenancy. If the husband passes away, the surviving wife can take over the flat as the sole tenant, if she is a Singapore Citizen or SPR. If the lease had already been issued for the flat, a legal document known as the Notice of Death instrument will have to be prepared and lodged with the Singapore Land Authority (SLA) to allow the authorities to update the land records accordingly.
The surviving joint owner(s) may either appoint his own solicitor to act for him in the application or engage HDB's legal services by applying at the HDB Branch Office managing the flat.
