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Subramani (Farmer)     03 January 2024

Validity of release deed

Sir and Madam
My father had two wives. He married my mother (W2) while his first wife (W1) was alive. He did not give any divorce or alimony. But the first wife was not living with him. The first wife W1 had two children through my father - a Daughter (D1) and a Son (S1). Second wife (W2) also has two children - both sons (S2 and S3). S1 died in the early 1970s due to illness. He was not married. My father got the release deed from the first wife's daughter (D1) before her marriage in the late 1970s. The release was registered in Book IV. The release deed was registered generally for movable and immovable properties. There is nothing mentioned about the total value of the property or total extent of the property or what is her portion of the property. It is a general document saying that D1 releases her movable and immovable properties to her father in exchange for rupees 1,000 for her marriage. The first wife died in the late 1990s.
My father died without partitioning the property to either his second wife or two sons from his second marriage. He left no will also. All properties are in the name of the father.
Now, the daughter of the first wife is suddenly coming to claim 1/3 of the property. She says the release deed is not valid as her father died without executing the release deed and there is no schedule of properties in the release deed. Is this true? Does a release deed have to be used in receiver's lifetime? D1 says she canceled her release deed in the same book IV after 25 years because no schedule of properties was mentioned and she did not get her proper share, but we are not aware of it.
She is not in any relationship with her father. But now, she is not allowing me (S2) and my brother (S3) to get a legal heir certificate without adding her name (D1). Second wife is still alive. 
Sir and madam, please give your opinion if she can legally claim on father's property.


 9 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     03 January 2024

The daughter of 1st wife (D1) relinquished her rights over the movable and immovable properties of her father.  So now she cannot claim anything.

T. Kalaiselvan, Advocate (Advocate)     03 January 2024

There's no specification of the properties in the release deed, hence the release deed is not legally maintainable nor it can be held as legally valid especially in respect of the properties left behind by her deceased father who is reported to have died intestate.

As per Hindu succession act she is entitled for an equal share in all the properties at par with other legal heirs.

Better settle the matter amicably instead of stretching the matter in decades long litigation.

1 Like

Subramani (Farmer)     04 January 2024

Originally posted by : kavksatyanarayana

The daughter of 1st wife (D1) relinquished her rights over the movable and immovable properties of her father.  So now she cannot claim anything.

Sir, I am not disputing on the release deed. Does the daughter of the first wife get legal rights to her father's property after his death, although she made a release deed on behalf of her father, but the father died without making any will or property transfer to his second wife or his two sons?
Father have not used the release deed to transfer the property to anyone. So she is claiming as one of the legal heirs after the death of the father.

T. Kalaiselvan, Advocate (Advocate)     04 January 2024

The daughter of first wife is entitled to an equal share in her deceased father's property in the given situation.

The release deed is infructuous owing to the reasons as stated by you because the father did not transfer his properties on the basis of the release deed 

kavksatyanarayana (subregistrar/supdt.(retired))     04 January 2024

In the olden days, it was not necessary to mention the details of properties in the release deed and the releasor can relinquish his/her rights over the properties in general terms and it is forever. Though the daughter has rights on the properties of her father, she relinquished her rights.  So she cannot claim now.

Subramani (Farmer)     04 January 2024

Respected Kalaiselvan sir, thank very much for sharing your expert knowledge.
What you are saying is exactly what she is claiming. When I checked with a few others in the register office and in legal, they are also advising as you said. They told me that according to the Hindu succession act, she would become a legal heir by downward succession. However we are not clear about the effectiveness of the release deed. What I understand from you is that she released her rights but it was not effectively used by the father. As he deceased without any transfer, the release deed is now invalid as it was only on his name. She gets back the legal right as a legal successor.

T. Kalaiselvan, Advocate (Advocate)     04 January 2024

You have understood the subject properly. 

This is the correct legal position in this situation 


Subramani (Farmer)     05 January 2024

Thank you very much, sir, for spending your valuable time advising us sir.
One last question. 
Can the second wife (our mother) get legal heir rights? She was married to our father while the first wife was alive. Local VAO is saying the second wife cannot be added as a legal heir but only the sons of the second wife. He mentioned that a second wife is illegal, so she cannot get any legal rights. He can only add first wife as deceased, daughter of first wife and the sons of second wife.
Is this the legal situation sir or he is manipulating the law?

Alageasan   10 January 2024


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