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 Buyin 2nd Hand Condo - left by bf sister., Will this difficult to transfer? Help...

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TS8v!n
post Aug 27 2008, 12:02 PM, updated 18y ago

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Hi everyone,

Currently, me & my bf facing some sensitive issue on buying property under both name. I would like to get some advise here. Let me share my problem.

My bf sister had pass-away and left the condo property under the name of my bf and bf-lil-sis.

We Planning to buy the condo:
The condo price is 220k.
Transfer the name under writing for me & bf

Problem
Need to transfer 2 times, Pass away sis name --> to bf & bf-lil-sis --> me & bf
1) Legal Charges issue. (the current property lawyer going to charge Rm6k per transfer)
2) the flow is not approved. (For me alone, i'm not able to pay for the installment)

How can we success to do the transfer? Please help and thanks in advanced.

This post has been edited by 8v!n: Aug 27 2008, 01:32 PM
johnsonm
post Aug 27 2008, 01:32 PM

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here what you can do is to give it from the sister's name to your boyfriend's and his little sister's name, and then you can buy his sister's half share.

so, if the fees is rm6k just to transfer from your boyfriend's little sister to you, then that's very high. if it includes the transfer from the older sister's name, then i am not too sure.


no. 2 means the loan is not approved? if you and your boyfriend together cannot make the monthly payments, you will not get a loan, and the property might be auctioned off by his elder sister's bank. i suggest you consider selling the property before this happens.

if you don't mind stating here, how much are the monthly payments, and what is your combined salary?
TS8v!n
post Aug 27 2008, 01:53 PM

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To buy over the lil-sis half share also need to involve the legal work. So in that case, one question is, do my bf still can get loan from bank?

The 6k transfer fee is from the pass-away sis --> to my bf & lil-sis. As been inform by that lawyer, is discounted. But i would like to survey instead can get better and cheaper cost.

FYI, me & bf total income is 6k per month. In order, we still have our installment and some debts to pay every month. But calculated it most probably will approved.
johnsonm
post Aug 27 2008, 02:14 PM

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maybe you should go see another lawyer to find out a proper procedure to transfer straight to you and your bf, and skip his little sister. at least this way it will be easier to get a loan as well. also, 6k seems a little high. you should get another quote for that as well. where is your location?
bbjslee
post Aug 27 2008, 02:30 PM

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QUOTE(8v!n @ Aug 27 2008, 01:53 PM)
To buy over the lil-sis half share also need to involve the legal work. So in that case, one question is, do my bf still can get loan from bank?

The 6k transfer fee is from the pass-away sis --> to my bf & lil-sis. As been inform by that lawyer, is discounted. But i would like to survey instead can get better and cheaper cost.

FYI, me & bf total income is 6k per month. In order, we still have our installment and some debts to pay every month. But calculated it most probably will approved.
*
1. Does your bf's sis bought MRTA or any type of insurance to cover for the loan of Condo?
2. You say you & your bf plan to buy the condo... from who? Who owns the condo now?
TS8v!n
post Aug 27 2008, 02:45 PM

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QUOTE(johnsonm @ Aug 27 2008, 02:14 PM)
maybe you should go see another lawyer to find out a proper procedure to transfer straight to you and your bf, and skip his little sister. at least this way it will be easier to get a loan as well. also, 6k seems a little high. you should get another quote for that as well. where is your location?
*
Location is at Desa Petaling Condo. The selling price is actually 240k but since sell to his-self and me, then sell at 220k.

I'm trying to get my dad's lawyer, but the problem is, my dad totally disagree for me to buy that house, because he say will occur bf side family politic in future. I'm still considering should i just 4get about it or keep focus on that?


QUOTE(bbjslee @ Aug 27 2008, 02:30 PM)
1. Does your bf's sis bought MRTA or any type of insurance to cover for the loan of Condo?
2. You say you & your bf plan to buy the condo... from who? Who owns the condo now?
*
The bad things is no MRTA, coz 8 yrs ago doesnt popular with that issue. Now we suffering.

Owner of the condo is my bf sis (who passed away alr)---> legal inheritance by my bf and lil-sis.
bbjslee
post Aug 27 2008, 02:59 PM

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QUOTE(8v!n @ Aug 27 2008, 02:45 PM)
Location is at Desa Petaling Condo. The selling price is actually 240k but since sell to his-self and me, then sell at 220k.

I'm trying to get my dad's lawyer, but the problem is, my dad totally disagree for me to buy that house, because he say will occur bf side family politic in future. I'm still considering should i just 4get about it or keep focus on that?
The bad things is no MRTA, coz 8 yrs ago doesnt popular with that issue. Now we suffering.

Owner of the condo is my bf sis (who passed away alr)---> legal inheritance by my bf and lil-sis.
*
1. Your dad does have his valid point. Are you and your bf considering marriage in near future? "Together" for long time doesn't guarantee will marry. Touch wood, when both of you decide to split... there will be lots of complication arises, legally and human.

2. Both your bf and his lil sis will need to continue to finance the loan, not "buying" from someone else.

3. Speak to the bank and consult a lawyer.
johnsonm
post Aug 27 2008, 03:08 PM

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who is occupying the house at the moment? if it is occupied by your boyfriend's family, then i really do not recommend you touch it, unless you want to burden yourself with legal problems in the future.
TS8v!n
post Aug 27 2008, 03:51 PM

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QUOTE(bbjslee @ Aug 27 2008, 02:59 PM)
Your dad does have his valid point. Are you and your bf considering marriage in near future? "Together" for long time doesn't guarantee will marry. Touch wood, when both of you decide to split... there will be lots of complication arises, legally and human.
our relationship are now verbally engaged and planning to the next level which is married. But those marriage proposal normally did by guy, so i cant ontrol. my parent advise us to go for register of marriage (rom) but i not sure what is my bf opinion. I'm still waiting his decision since he still facing financial problem.


QUOTE(johnsonm @ Aug 27 2008, 03:08 PM)
who is occupying the house at the moment? if it is occupied by your boyfriend's family, then i really do not recommend you touch it, unless you want to burden yourself with legal problems in the future.
*
Currently only my bf staying there. His family agreed to sell off the house and get the cash, so my bf can release from current debts and have some cash in-hand

I'm really thanks that you guys still here reading and replied to my problem. I'm worry that this problem will affect the relationship between me & bf and both family as well. As my parent side, they want to make all things clear and no doubts occur whether now or future. As same on me.
johnsonm
post Aug 27 2008, 04:43 PM

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until you are legally married, i wouldn't recommend buying a house together. you should listen to your father. tell your boyfriend to sell the place, take the money and settle everything. then 2 of you can buy another house together to stay, once you are married.
TS8v!n
post Aug 28 2008, 01:51 PM

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i thinking of the legal term. Maybe once i confirm, i will post a thread to sell it.
cactus1
post Aug 28 2008, 02:09 PM

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QUOTE(8v!n @ Aug 27 2008, 12:02 PM)
Hi everyone,

Currently, me & my bf facing some sensitive issue on buying property under both name. I would like to get some advise here. Let me share my problem.

My bf sister had pass-away and left the condo property under the name of my bf and bf-lil-sis.

We Planning to buy the condo:
The condo price is 220k.
Transfer the name under writing for me & bf

Problem
Need to transfer 2 times, Pass away sis name --> to bf & bf-lil-sis --> me & bf
1) Legal Charges issue. (the current property lawyer going to charge Rm6k per transfer)
2) the flow is not approved. (For me alone, i'm not able to pay for the installment)

How can we success to do the transfer? Please help and thanks in advanced.
*
u sounds more like know nothing. what is FLOW ?

FEW ISSUES RAISED:-
1. how old is ur so called bf sister ?
2. the condo successor name is your bf and ur bf sister ?
3. u and ur bf wants to buy the house from ur bf and ur bf sister?
4. how pld is ur bf sister ?
5. u are not eligible for the loan, and why u are the one apply the loan not ur bf since your salary is under requirement?

this basically is ridiculous question.
fyseng
post Aug 28 2008, 02:54 PM

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Listen to your dad.
TS8v!n
post Aug 28 2008, 02:57 PM

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QUOTE(cactus1 @ Aug 28 2008, 02:09 PM)
1. how old is ur so called bf sister ?
2. the condo successor name is your bf and ur bf sister ?
3. u and ur bf wants to buy the house from ur bf and ur bf sister?
4. how pld is ur bf sister ?
5. u are not eligible for the loan, and why u are the one apply the loan not ur bf since your salary is under requirement?
*
Dear cactus1,

I'm first timer to buy housing property, and dunno those legal stuff or housing procedure as i'm more likely in ICT + media line.

To reply ur question:

Me & my bf is 25 y/o, bf lil-sis is 24 y/o, owner which the sis had pass-away is in early 30s.

the condo beneficiaries to my bf & bf lil-sis

The flow we plan is [pass-away sis]----> beneficiary to [my bf & bf lil-sis] -------> buy over [me & my bf]

Me & bf definately eligible to get loan. As for this mean time, my income is more than my bf. We both plan to get the housing loan. But of course, since bf got lil-financial-problem, so that i need to pay more. But, i just worried, one day i cant fork out more money then wat i plan now. Plan this because once we got our own house, then can get married.


Is this silly thought that i have? Or i act too much instead to get married?

bbjslee
post Aug 28 2008, 03:04 PM

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QUOTE(8v!n @ Aug 28 2008, 02:57 PM)
Dear cactus1,

I'm first timer to buy housing property, and dunno those legal stuff or housing procedure as i'm more likely in ICT + media line.

To reply ur question:

    Me & my bf is 25 y/o,  bf lil-sis is 24 y/o, owner which the sis had pass-away is in early 30s.

    the condo beneficiaries to my bf & bf lil-sis

    The flow we plan is [pass-away sis]----> beneficiary to [my bf & bf lil-sis] -------> buy over [me &  my bf]

    Me & bf definately eligible to get loan. As for this mean time, my income is more than my bf. We both plan to get the housing loan. But of course, since bf got lil-financial-problem, so that i need to pay more. But, i just worried, one day i cant fork out more money then wat i plan now.  Plan this because once we got our own house, then can get married.
Is this silly thought that i have? Or i act too much instead to get married?
*
I assume you're non muslim. Have you thought of marriage registration 1st?
Once both of you are "legally" married, it will make things easier.
Your father does not want you to "rugi", and so does we here who r trying to give you advice.
TS8v!n
post Aug 28 2008, 03:30 PM

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I'm chinese Amen..

I'm daddy girl..

I love my bf. So trying to help him to get the condo. As from our point of view, if we buy over, we save alot which now the house alr got. Including 10k for simple reno, more than 10k of house furniture and electronic stuff. Nice view of KL city. olympic size swimming pool. If buying new condo, need to wait till it complete.

As summarize, is actually worth it, if we can strive to get the condo. Just whether good for me to do it or not. Anyway, really appreciate for all advise. I knew everyone is trying to concern be the neutral adviser.

Still in consideration.
bbjslee
post Aug 28 2008, 04:06 PM

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QUOTE(8v!n @ Aug 28 2008, 03:30 PM)
I'm chinese Amen..

I'm daddy girl..

I love my bf. So trying to help him to get the condo. As from our point of view, if we buy over, we save alot which now the house alr got. Including 10k for simple reno, more than 10k of house furniture and electronic stuff. Nice view of KL city. olympic size swimming pool. If buying new condo, need to wait till it complete.

As summarize, is actually worth it, if we can strive to get the condo. Just whether good for me to do it or not. Anyway, really appreciate for all advise. I knew everyone is trying to concern be the neutral adviser.

Still in consideration.
*
It's your choice.
Anyway if you choose to go ahead, you can try and refinance with cash out, that way you can get extra cash to hold your wedding ceremony.
cactus1
post Aug 29 2008, 12:44 AM

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QUOTE(8v!n @ Aug 28 2008, 02:57 PM)
Dear cactus1,

I'm first timer to buy housing property, and dunno those legal stuff or housing procedure as i'm more likely in ICT + media line.

To reply ur question:

    Me & my bf is 25 y/o,  bf lil-sis is 24 y/o, owner which the sis had pass-away is in early 30s.

    the condo beneficiaries to my bf & bf lil-sis

    The flow we plan is [pass-away sis]----> beneficiary to [my bf & bf lil-sis] -------> buy over [me &  my bf]

    Me & bf definately eligible to get loan. As for this mean time, my income is more than my bf. We both plan to get the housing loan. But of course, since bf got lil-financial-problem, so that i need to pay more. But, i just worried, one day i cant fork out more money then wat i plan now.  Plan this because once we got our own house, then can get married.
Is this silly thought that i have? Or i act too much instead to get married?
*
firstly, i am not interested with your personal issue which regarding u and ur so called bf.

the answer is pretty straight forward. ur bf sister is more than 18, legally, she can decide the management of assets from inheritance. get a solicitor to transfer the name from ur bf and ur bf sister to u and ur bf.

done.

bare in mind that, the existance of more than 1 name in s&p is a lot more hassle than one single name.

secondly, if the property is still under loan, then, the scenario will be slightly different.

lastly, as what other forumer said, u are just a 25 years old, and u thinking of buying the property in the join name with the bf, which is quite silly.
tgrrr
post Aug 29 2008, 09:13 AM

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I'm not a lawyer but I'm thinking maybe you just need to transfer the property once.
If I'm not mistaken, the title or S&P is still under 'elder sis', and your bf and 'lil sis' are beneficiaries through will or something. I think it should be possible for 'lil sis' to relinquish her rights to the property. And you could check with lawyer if she could reassign her rights to you instead with cost (I don't see you mention this anywhere... why?). Also the property loan is under whose name?

On the 6k transfer fee, ~3.5k is probably for stamp duty. You should get a breakdown on the 6k for better understanding.

Frankly I don't really see the need to have your name on the property and/or take marriage into the situation, both are not the true issue which is your bf's financial situation and secondarily your financial situation.

Your bf actually inherited a debt unless it is sold off in which case there might be some cash return. If your bf just need some help for a couple of months, it's no big deal to help a little, and let him pay back later. If he cannot sustain the property on his own, then perhaps it is better to sell it off. There's always opportunity to buy another in the future rather than to get saddled with too much liability.
johnsonm
post Aug 29 2008, 10:54 AM

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QUOTE
I think it should be possible for 'lil sis' to relinquish her rights to the property. And you could check with lawyer if she could reassign her rights to you instead with cost (I don't see you mention this anywhere... why?).


QUOTE(johnsonm @ Aug 27 2008, 02:14 PM)
maybe you should go see another lawyer to find out a proper procedure to transfer straight to you and your bf, and skip his little sister. at least this way it will be easier to get a loan as well. also, 6k seems a little high. you should get another quote for that as well. where is your location?
*
the boyfriend's little sister can directly "sell" her half to you with a court order, depending on the contents of the will. then there is no need to transfer twice.

actually, if you want to find out more, you could also pay a visit to the land office for some free advise, if you are lucky enough to find someone helpful.

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