Must Other Party Consent To A Hdb Joint Tenancy Transfer?

[titi 1]

A & B are the joint tenants of an HDB flat, transferred down “as gifts” from other family members over a period of time when they got married or passed on. I understand in order to sell the flat or convert it into tenancy-in-common, both parties must agree. However, can A transfer his 50% share to another eligible family member (also “by gift”) even if B objects for no valid reason whatsoever. The flat had been paid off long ago and both parties made no contribution towards the purchase in any way. Thanks.

[yoongf 11]

There is no basis to say that Joint tenancy is same as 50%.

Joint tenancy simply means. when 1 party dies, the other party gets it entirely.

There is no equal/fair argument in a joint tenancy.

Any change to the title requires all owner's consent.

Tenancy in common then got this % share thing. This type of title can sell without other consent.

But which buyer wants to co-own a property with a stranger?

[Plastic3 0]

yup, joint-tenancy means the individuals are considered as One, have to make the decision as One.

There is no 50%/50%.

[HappyHouse88 0]

Mark.. i think you need to re-do your CEA law liao..

http://www.sla.gov.sg/htm/new/new2001/new0261.htm

Home > News/Publications > Press Releases > Archives > Amendments to Land Titles Act

Look into the section :-

Unilateral Serverance of Joint Tenants and Tenants in Common

Originally the law permitted the severance of joint tenancy in very limited circumstances. In 1993, a new way to sever a joint tenancy was introduced, that is, severance by unilateral declaration. A person who co-owns property as a joint tenant is able to sever the joint tenancy by a simple unilateral notice in writing. At law, severance usually results in equal shares. But there have been owners claiming to unilaterally sever joint tenancies into unequal shares. The Registrar is not in a position to verify the truth of such claims.

However, having said that... HDB is more complicated, if you want to transfer or sell the ownership to another family member. 1) hdb ownership cannot be "transfer" partially. You may need to sell the flat , in order to do that. 2) the family member needs to form a acceptable family nucleus with the existing tenant.

I dun think joint-tenancy is stopping you from what what you intent to do. Its the hdb rules that is.

Edited July 5, 2012 by HappyHouse88

[Plastic3 0]

Mark.. i think you need to re-do your CEA law liao..

I do not see anything wrong with my reply.

You are talking about changing from Joint-Tenancy to Tenancy-In-Common.

Like yoongf, I was only explaining to titi the meaning of Joint-Tenancy.

[HappyHouse88 0]

yup, joint-tenancy means the individuals are considered as One, have to make the decision as One.

There is no 50%/50%.

I do not see anything wrong with my reply.

You are talking about changing from Joint-Tenancy to Tenancy-In-Common.

Like yoongf, I was only explaining to titi the meaning of Joint-Tenancy.

joint-tenancy can be split with just a single party making the decision. Owners does not need to act as One.

1 of the owners can stop joint-tenancy and ask that the pty is split to 50/50%. Then he can sell it.

i hope you see where your answer went wrong.

Edited July 5, 2012 by HappyHouse88