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.
