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 help needed regarding property transfer, my father is very ill

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johnsonm
post Jul 18 2008, 09:38 AM

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xtorm, with due respect, i wish to point out that whatever was said above in relation to the house transfer is not entirely true.

first, in relation to the house, it all depends on whether the title (geran) has been issued, and also whether there is a loan on the property. if you can get this info for me, i can tell you what your next course of action is.

next, does your father have a will? if he does not have one, are his parents still alive? also, i assume your mother is still around?

in relation to the car, it will also depend on whether it has been fully paid up.

please note that most solutions involve your father signing a document, either a will or a transfer document.

the only one that does not, is if your father has not written any wills previously, then his property will go to his parents, his wife, and his children, in different shares (i have to check this up for you).

also, transferring the house now will involve the payment of stamp duty, but if it transfers by way of a will, there is no stamp duty. you might want to take this into account.

will writing is also not very expensive. my lawyer did a simple one for me (all my property to my wife type) for a reasonable fee.

pm me if you dont want to reveal your private details here.

be strong.
johnsonm
post Jul 18 2008, 01:47 PM

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missfroggy, transfer from parent to child, or child to parent, or spouse to spouse, HALF of the full stamp duty is payable.

you cannot execute the will at the land office. you will need a lawyer or a will writer to draft one for you. if you are brave, you could draft one on your own, but this is extremely risky. for me, i wouldn't even go to a will writer. you can never be too safe when it comes to things like this.

so if the 1 joint owner died, and left a will, the property will be put into his children's name. there is a 3-4 month process involved here i think, and like i said earlier i am pretty sure there is no stamp duty.
johnsonm
post Jul 21 2008, 10:16 AM

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xtorm, my condolences. alternatively, if you dont want to spend money, go to the land office where your house is, and they can transfer everything for you, including bank account.

this is much cheaper than seeing a lawyer.

once again, my condolences.
johnsonm
post Jul 21 2008, 11:09 AM

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Once again, I have to qualify whatever I say here with - IF I AM NOT MISTAKEN...

I think the Land Office can kau tim everything so long as the total of the estate left is less than a certain amount. It is certainly advisable for xtorm to go there before seeing a lawyer, as the lawyer would cost him money. If he has difficulty in the Land Office, then the only alternative is to see a lawyer.
johnsonm
post Jul 22 2008, 09:11 AM

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cuebiz is spot on.

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