Can I inherit the HDB flat (purchased in mid-1980s) as a Singapore citizen living overseas after my father recently passed

As a Singapore citizen, you are eligible to inherit an HDB flat, regardless of your current residence overseas. Here are some key points to consider:

Eligibility

You must be at least 21 years old and a Singapore citizen or permanent resident to inherit an HDB flat. Since you meet these criteria, you can proceed with the inheritance process.

Type of Ownership

The process differs depending on whether the HDB flat was held under joint tenancy or tenancy-in-common.

- Joint Tenancy: If the flat was held in joint tenancy, the property automatically passes to the surviving co-owners due to the Right of Survivorship. However, since your father has passed away, if he was the sole surviving joint tenant, the flat would need to be transferred according to the next steps.
- Tenancy-in-Common: If the flat was held in tenancy-in-common, the deceased's share of the property will be distributed according to their will, if they had one. If there is no will, the Intestate Succession Act will apply.

Legal Procedures

• Notice of Death: For joint tenancies, you need to lodge a Notice of Death with the Singapore Land Authority (SLA).
• Probate or Letters of Administration: If the flat was held in tenancy-in-common or sole ownership, you may need to apply for a Grant of Probate if there is a will, or Letters of Administration if there is no will.

Existing Property Ownership

If you already own a private property or another HDB flat, you need to consider the HDB's eligibility requirements. Since the HDB flat was purchased in the mid-1980s, you might be able to own both properties, but this depends on specific conditions and regulatory changes that have occurred since then. Generally, if the HDB flat was purchased before certain regulatory changes in 2010, you might be allowed to keep both properties.

Disposal of Other Properties

However, if the inherited HDB flat was subject to post-2010 regulations, you would need to dispose of your private property or the other HDB flat within 6 months of inheriting the HDB flat, provided you meet the eligibility criteria.

Additional Considerations

• Minimum Occupation Period (MOP): Ensure that the MOP has been fulfilled if you plan to sell the inherited HDB flat.
• Foreign Residence: While living overseas does not affect your eligibility to inherit, you will need to manage the legal and administrative aspects of the inheritance process, possibly with the help of a lawyer or a representative in Singapore.

It is advisable to consult a lawyer to navigate the specific details and ensure compliance with all the necessary legal procedures.