We have a house which is property of our grandpa my father is alive and my one aunt is also alive however my one aunt and two uncles are dead. There are children of my one uncle and aunt which are dead. We are living in the house since our grandpa was alive however our cousins left the house for reasons of poor condition of house now they are demanding the share of their father what will be distribution of such house will be please answer in detail because we don’t want to sell it out neither we are able to pay them a big amount.
All of the children of your grand father will have a share in the house. The ratio of boy to girl is 2:1. E.g. If your grand father had 3 sons and 2 daughters then the property is to be divided in the ratio as follows:
2(boy)+2(boy)+2(boy)+1(girl)+1(girl)= 8 parts
the property is to be divided in 8 equal parts now each boy has double share so each will receive 2/8 and each girl will receive 1/8.
Multiply the current market value of the house with each share. Lets suppose if total value of the house is 80 lac then for boys 802/8 = 20 lac and for girls 801/8=10lacs.
The grand children can divide their parents share among them using the same formula.
Alive or dead does'nt matter. However if some child died while the grand father was alive, then he or she does'nt get share. Only after the death of grand father the share is to be distributed among his alive children and that time.
If you did'nt distribute it at that time, and some of your cousins left the house, you will have to pay them a share in the rent per month. The rent is to be paid from the time of death of your grand father and cousins moving out of the house till as long as you dont divide. Rent is calculated on the basis of total rental value of the house multiply by the same formula as above.
You have to pay them their share, you dont have any choice if you cant pay them, then give them monthly rent if they agree. Otherwise you have to sell the house. I would suggest you consult with some big alam for religious problems as this is a matter of akhirat. Jazakallah
Hello,
This is something that Shariat can tell you better. It is a critical matter and should be undertaken in the light of Shariah.
Regards, z@in N@deem
Salam Brother,
Firstly, I want to tell you that if your cousins are demanding their share in the property then it's their right that Allah S.W.T. has given them. I would suggest you to please read the translation of Surah Nisa in which Allah Subhan Wa Ta'la has discussed this matter in detail.
Secondly, if you are not in the position to sell home or to give their share at the moment then please try to negotiate with them humbly and convince them to give you some time for sorting out this issue in a good way.
May Allah help you!
Regards