Lawfully yours: By Retd Justice K Chandru

I have purchased a flat in Chennai out of my own earning and registered it in the name of self and wife. In case of my demise, will my wife be able to sell the property without the knowledge of my only son, or will it go as per the legal heir certificate? I am concerned because I want the property to go only to my son. Please guide me. 

Since the property is in the joint name, she cannot sell it without getting a succession certificate. At that time, your son will get notified. If you still have doubts you can execute a will in favour of your son and get it registered in the Registrar’s office in whose jurisdiction the property is located. 

I am planning to get married to a girl outside my religion at a sub-registrar office soon. I would like to know whether parents’ signature is mandatory to do the same as per the current law. As per my understanding regarding the same, it is not mandatory. But at the sub-registrar office, they are saying it is mandatory. Also, is it required that the marriage should be registered only in a registrar’s office under whose jurisdiction the bride or bridegroom resides? 

Under the Special Marriages Act, the consent of parents is not required for registering the marriage. You require two witnesses only. Registration can be done at the registrar’s office in whose area you live or at the place where your partner lives. But in both places, your marriage notices will be exhibited. 

DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns