1) Estate of the Deceased Father:
After deducting the reasonable and moderate costs of burial, settling any debts, and executing any valid bequest (up to one third of the estate) made in favour of a non-heir, the total estate, both movable and immovable, will be divided into 8 shares. The wife will receive 1 share (12.5%), each of the two sons will receive 2 shares each (25% each), and each of the three daughters will receive 1 share each (12.5% each).
Note: The share that the deceased daughter was entitled to receive from her father's estate will, after her death, be distributed among her own legal heirs according to the established principles of Islamic inheritance law. The details of this distribution are covered in the next section.
2) Estate of the Deceased Daughter:
After settling the deceased daughter's debts and executing any valid bequest (up to one third) made in favour of a non-heir, her 12.5% share inherited from her father, combined with her total estate, both movable and immovable, will be divided into 12 shares. The husband will receive 3 shares (25%), the son will receive 7 shares (58.33%), and the mother will receive 2 shares (16.66%). The deceased daughter's siblings will receive nothing from her estate.
3) The Disabled (Autistic) Son:
If the deceased daughter's son is not capable, due to his condition, of managing or safeguarding his own wealth, his share will be handed over to his legal guardian (wali), which is his father.
If there is concern that the father may not properly deliver or manage the child's share, or may misuse it, this concern alone does not cancel the child's right, nor can his share be distributed among the other heirs.
Instead, the following persons are authorised, in order of priority, to manage and safeguard this child's wealth:
The father
The father's appointed executor (wasi), if the father had made a bequest appointing someone to manage the child's affairs after his death
The paternal grandfather, if there is no appointed executor
The paternal grandfather's appointed executor; and if none of the above are available, then the matter is referred to a judge (qadi) or a guardian appointed by the judge.
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دلائل:
القرآن الکریم: (النساء، الایة: 11)
يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ... وَ لِاَبَوَیْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ اِنْ كَانَ لَهٗ وَلَدٌۚ...الخ
و قوله تعالی: (النساء، الایة: 12)
ولھن الربع مما ترکتم ان لم یکن لکم ولد فان کان لکم ولد فلھن الثمن مما ترکتم.... الخ.
الدر المختار مع رد المحتار: (کتاب المأذون، مبحث في تصرف الصبي و من له الولایة، 174/6، ط: سعید)
"وولیه أبوہ ثم وصي الأب ثم الجد أبو الأب ثم وصیه ثم الوالي أو القاضي أووصي القاضي".
Allah the Almighty knows best.
Darul ifta Al-Ikhlas, Karachi.