Islamic Legacy Planning

Home Ownership

Home Ownership and Manner of Holding

Learn how the distribution of a HDB home ownership is affected when an owner passes on. Decide between a joint-tenancy or tenancy-in-common manner of holding depending on your unique situation.

Manner of Holding	Joint Tenancy	Tenancy-in-common
Share of Flat	Under joint tenancy, the co-owners together own the whole interest in the flat.	Under tenancy-in-common, each co-owner holds a separate and distinct share in the flat.
Right of Survivorship	In joint tenancy, the right of survivorship applies. This means that upon the demise of any joint owner, his/her interest in the flat would automatically be passed on to the remaining co-owners. This is regardless of whether the deceased joint owner has left behind a Will or Wasiat.	The right of survivorship does not apply. Upon the demise of a co-owner, his/her interest in the flat will be distributed according to his/her Wasiat (if any). If there is no Will/Wasiat, his/her interest in the flat will be distributed to the beneficiaries in accordance with the provisions of the relevant estate laws.
Examples	Property under Joint Tenancy: Mr A, Mrs A (wife) and Mr C (son) own an HDB flat under joint tenancy. In the event of Mr A’s demise, the ownership of the flat will automatically be passed to Mrs A and Mr C. Note: Do consider separately the inclusion of children as joint-owners as this may prevent them from owning a separate HDB property of their own.	Property under Tenancy-in-common: Mr A and Mrs A (wife) own an HDB flat under tenancy-in-common with 60% and 40% share respectively. Upon Mr A’s demise, his ownership in the flat (i.e. 60% share) will be distributed according to his Will/Wasiat, or according to the provisions of the applicable estate laws (i.e. Faraid). Mrs A will retain her 40% share. In this situation, the property may be required to be sold for Mr A’s share of the flat to be distributed to beneficiaries.

Manner of Holding

Joint Tenancy

Tenancy-in-common

Share of Flat

Under joint tenancy, the co-owners together own the whole interest in the flat.

Under tenancy-in-common, each co-owner holds a separate and distinct share in the flat.

Right of Survivorship

In joint tenancy, the right of survivorship applies.

This means that upon the demise of any joint owner, his/her interest in the flat would automatically be passed on to the remaining co-owners. This is regardless of whether the deceased joint owner has left behind a Will or Wasiat.

The right of survivorship does not apply.

Upon the demise of a co-owner, his/her interest in the flat will be distributed according to his/her Wasiat (if any).

If there is no Will/Wasiat, his/her interest in the flat will be distributed to the beneficiaries in accordance with the provisions of the relevant estate laws.

Examples

Property under Joint Tenancy:

Mr A, Mrs A (wife) and Mr C (son) own an HDB flat under joint tenancy.

In the event of Mr A’s demise, the ownership of the flat will automatically be passed to Mrs A and Mr C.

Note: Do consider separately the inclusion of children as joint-owners as this may prevent them from owning a separate HDB property of their own.

Property under Tenancy-in-common:

Mr A and Mrs A (wife) own an HDB flat under tenancy-in-common with 60% and 40% share respectively.

Upon Mr A’s demise, his ownership in the flat (i.e. 60% share) will be distributed according to his Will/Wasiat, or according to the provisions of the applicable estate laws (i.e. Faraid). Mrs A will retain her 40% share.

In this situation, the property may be required to be sold for Mr A’s share of the flat to be distributed to beneficiaries.

You may read more on the Fatwa on Joint Tenancy here.

Find out more from HDB about the actions required to ensure a smooth inheritance process.