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My wife's father passed away without a will, leaving behind his spouse and children. He has a condo under his name.

According to the Intestate Succession Act, I assume neither his spouse (Tenants- in-Common) and children are owners of the condo, until the Grant of Letters of Administration is signed and an administrator is nominated?

The Grant of Letters of Administration was signed and his spouse (my mother-in-law) was nominated the administrator of the condo. She wanted to put the condo under her name only, but for some reason, my wife also inherited the condo?

This affected our BTO application, we had already gotten a unit. We were told by HDB that we made a false declaration and have to pay a penalty fee of 5% of the condo price if we wish to keep our BTO, or pay 5% of the BTO price should we choose to forfeit the BTO.

We really want to keep our BTO without paying the penalty fee. My wife's name under the condo was unexpected and unintentional. We are not sure what happened.

Could you advise on this?
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5 Answers

Hi, I would be most glad to assist you further and pls feel free to let me know if you need any assistance. Hope to hear from you soon and have a great week ahead. By the way, have you tried appealing by explaining the whole story with letters to show?

Regards
Aaron Chong
 9730 8455 
aaronchong2774@yahoo.com.sg Read More
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Have you tried appealing to HDB with the above events?

Warmest regards,
Geryl Lim
Associate Deputy Group Director
Salesperson Registration No. R014783H
Email: geryl.lim@orangetee.com / geryl7772@gmail.com
OrangeTee & Tie Pte Ltd 430 Lorong 6 Toa Payoh #01-01 OrangeTee Building Singapore 319402
Estate Agent Licence No. L3009250K
[main] +65 6471 8888  [mob] +65 81577565  [LDA] +65 92787772 
www.geryllim.com
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Check out our latest Landed Dynamic Alliance 7772 mobile application on iOS or Android @ http://l.ead.me/7772 Read More
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Dear Sir,

Your case is unique and understandable as a loved one's passing is an unexpected event. For your case, you just have to write in to HDB to seek for a waiver and you should be able to keep your BTO flat.

Please feel free to contact me if you need any further assistance.

Regards,
Nick Tan
(M) +65 9644 4854 
B.Eng(Chemical)(Hons)(NUS) / Cert-in-REA
(E) nick96444854@gmail.com
SEAA Salespersons Achievement Platinum Award 2020
Visit my website to get to know me better:
www.nicktan.com.sg
I was featured recently on Council for Estate Agencies (CEA) Newsletter:
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Hi Sir/Madam

I will be glad to assist
Appreciate if you can contact me at (65) 96608508  or Silviayang8@gmail.com
or click here https://bit.ly/WaSilvia to whatsapp me for no obligation discussion
Thank you.

Warmest regards,

Silvia Yang

Senior Marketing Director
ERA Realty Network Pte Ltd
Mobile: (65) 9660 8508 
Email: Silviayang8@gmail.com Read More
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Hi,

Congrats on your success in getting a BTO, and at the same time regret to hear about the loss of your father-in-law.

1) You are absolutely correct that nothing is concrete until Grant of letters of Administration is signed followed by a court order.
2) Although your mother-in-law is the administrator of the property, it does not means she can do whatever she wants. Everything has to follow the intestate Succession Act and court order.
3) If your father-in-law is the sole owner of the condo, and passed without a will. His spouse (your mother-in-law) will inherit 50%, your wife (if she is the only child) will inherit 50% if she is not the only child; otherwise, all children will share the 50%.
4) Your wife's property status will not change until a court order is out.
5) You are not giving a false declaration as this is an unexpected event, and never planned for. You will not be penalized against it.
6) You may put up an appeal to HDB to explain the situation, depending on what you and your wife intend to do with the inheritance.
https://services2.hdb.gov.sg/webapp/BE15AWMyRequest/BE15PMain
7) The options are as follow:
(a) Appeal to keep the share in the condo without any penalty. As your mother-in-law might not be in the right financial state to take over the share.
(b) Sell your wife's share in the condo to your mother-in-law, and this takes time to complete. Ask for a timeline to complete the process without any penalty.
(c) Sell the property away after a court order is out. Appeal for a reasonable timeline without any penalty.

Do note that you and your wife have done anything wrong. So either appeal for 7(a), 7(b) & 7(c) is absolutely justifiable.

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.
I'll be glad to assist.

Best regards
Ling CK
 90110636 
ling.ck7@gmail.com
https://R056727F.propnex.net/
https://www.facebook.com/Homesellerbuyer

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