There are serious consequences imposed by HDB if the next-of-kin do not either obtain the Grant of Letter of Administration or Probate or carry out a transmission /transfer/ disposal of the flat as the flat may be vested in the HDB if :
- Letter of Administration/Probate is not taken out within 12 months from the death of the sole lessee or tenant-in-common;
- The personal representatives do not apply for a transmission /transfer of the flat within 6 months from the date of representation;
- The executor/administrator do not apply for a transfer of the flat to the eligible beneficiaries or disposal of the flat (if there is no one eligible to take over the flat) within 12 months from the completion date of the transmission.
These are the actions that you should take namely as follows:
- If the co-lessee under joint tenancy of the HDB flat passed away, the family should inform the HDB branch officer managing the flat and the HDB Branch officer will advise the family of the procedure to lodge the Notice of Death to transfer the ownership of the flat to the other surviving co-owner.
- If the sole lessee or co-lessee under the tenancy-in-common passed away, the deceased’s family must find a private lawyer to apply to the Court for the Grant of Letter of Administration (if the deceased did not leave a Will) or Grant of Probate (if there is a Will).
- If you are appointed under the Grant of Letter of Administration or Grant of Probate as the administrator or executor, you have to go to the HDB branch officer managing the flat to vest the flat in your name as administrator/executor in your fiduciary capacity known as “transmission”. You need to bring along the following documents namely as follows :
- Original Summons for the Grant of Letter of Administration or Grant of Probate;
- Engross Grant of Letter of Administration/Probate;
- Engross Schedule of Asset usually attached to the engross Grant of Letter of Administration /Probate;
- Syriah Court Inheritance Certificate (for Muslim estate);
- Duplicate Lease of the flat (if any);
- Original copy of the death certificate of the deceased;and
- Provide your original Identity Card.
After that, the other important key points to take note:
a. Once the flat is vested in the name of the administrator/executor, you can apply to transfer the flat to the beneficiaries as owners but subject to HDB eligibility rules.
You may need to ask the HDB branch office for a transfer application form and to submit to the branch office managing the flat.
b. You can do the transmission & transfer of the flat at the same time.
c. What if the beneficiaries are not eligible to take over the flat from the administrator/executor?
The only way for the administrator/executor is to sell the flat. However, one has to check if the deceased has a Will or no Will to see if the administrator /executor can sell or not sell the flat. The Will of the deceased must provide for a power of sale for the administrator to sell the flat before the administrator can sell the flat. If there is no power of sale in the Will, then the administrator/executor has to apply to the Court for an Order of Court to sell the flat. If there is no Will, the Administrator may proceed to sell the flat as long as the deceased has not passed away for more than 6 years. An order of Court is required before the flat may be sold where the deceased has passed away for more than 6 years.
If you have similar above mentioned situation and requirement, then please contact us for further in deep discussion.
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Main E-mail : RaymondLimCo@yahoo.com.sg
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