I was married three years back. One year after our wedding, our son was born. Recently, I discovered that my husband was married to another woman prior to my marriage with him. His earlier wife is still alive and they are not even formally divorced. Under these circumstances, I am given to understand that our marriage is not valid. I am most worried about the status of our child. Is he going to be looked upon as an illegitimate child?Seema Saxena, DelhiIt seems from the facts stated by you, that your marriage is in contravention of the legal requirements of a valid Hindu marriage as provided under Section 5 of the Hindu Marriage Act, 1955 as your husband had a spouse living at the time of his marriage with you. Any such marriage, which is in contravention of Section 5, is null and void and may be declared so by the Court on the petition of either party under Section 11 of the Act. As regards the legal status of your son, Section 16 of the Act declares that any child born from a marriage that is null and void under Section 11, and who would have been legitimate had the marriage been valid, shall be considered legitimate despite the marriage being null, and irrespective of whether a decree of nullity is granted in respect of such marriage under the Act. Your child therefore has the same rights in the property of his parents as any child born out of a valid marriage. In the event of a dispute in this regard you can file a suit for a declaration of legitimacy of your son.My mother owned three properties at Chennai. She died in 2004, leaving an unregistered will in my brother’s name. Can the properties be transferred in my brother’s name in the municipal records based on the unregistered will, and can my brother sell the properties on that basis?Ruhi Sharma, AhmedabadRegistration of a will is not a legal necessity and there is no legal impediment to an unregistered will being accepted. However, under Section 213 of the Indian Succession Act, 1925, no right as legatee can be established in any Court, unless a Court of competent jurisdiction in India has granted probate of the will or letter of administration under which the right is claimed. Although a probate is not mandatory in all States of India, since it relates to immovable property situated within Chennai, it requires to be probated. According to Section 222 of the Act, a probate shall only be granted to an executor appointed by the will. The appointment of executor may either be express or by necessary implication in the will. In case there is no executor appointed in the will, a universal or residuary legatee may be admitted to prove the will. It is therefore recommended that your brother apply for a probate or letter of administration and proceed therefrom.I wanted to wear a national flag as a costume for a fashion party, but I was informed that one is not permitted to wear the national flag as a dress or as a costume. Could you please enlighten me on that issue?Gigi, BandraArticle 51A of the Constitution stipulates that it is the fundamental duty of every Indian citizen to respect its ideals and institutions, the National Flag and the National Anthem. The Prevention of Insults to National Honour Act, 1971, clearly stipulates that whoever in any public place, within public view, burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise shows any disrespect to, or brings into contempt, the Indian National Flag or any part thereof, shall be liable to be punished under the Act. The expression ‘‘disrespect to the Indian National Flag’’ as explained under Section 2 of the Act means: (i) using the Indian National Flag as a drapery in any form whatsoever except in State funerals or Armed Forces or other paramilitary forces funerals; or (ii) using the Indian National Flag as a portion of costume or uniform of any description or embroidering; or (iii) using the Indian National Flag as a portion of costume or uniform of any description or embroidering or printing it on cushions, on napkins or any dress material. Accordingly, use of National Flag as a costume is not allowed and punishable.Rajiv K. Luthra is the founder and senior partner of Luthra and Luthra Law Offices. This column provides general observations on applicable laws. Due to paucity of space, it does not and cannot substitute legal advice specific to an issue. Readers are requested to consult their lawyer for specific legal problems. The author and publisher shall not be responsible in case any damage or loss is caused to any person as a result of any action taken on the basis of the opinion expressed here. Readers can send their questions to luthra@luthra.com
