Home Ownership

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.