Online Will Making & Registration - Legalkart Surat
Wills / Trusts

Online Will Making & Registration - Legalkart Surat

Introduction to Online Will Making in Surat

Making a will online in Surat has become a convenient way to ensure your assets are distributed according to your wishes without the traditional, lengthy paperwork. It’s simple and straightforward. You can now create a will from the comfort of your own home, at any hour that suits you. This process is especially beneficial for those who find it hard to make time for such important tasks due to busy schedules. An online will allows you to decide who inherits your property, financial assets, and even personal items with clear instructions. This digital approach is recognized legally, just like a traditional will, provided it meets certain conditions. It’s essential to ensure that the online service you use complies with Surat’s legal requirements. The beauty of making a will online is in its flexibility and ease of access, making it a practical choice for many in today's fast-paced world.

 

Understanding the Importance of a Will

Having a will is like leaving a roadmap for your loved ones after you're gone. It's more than just a legal document; it's a way to ensure that your wishes about how your possessions should be distributed are followed. Without a will, the law takes over, and your assets might be divided in ways you never intended. In Surat, where family and property ties run deep, a will clarifies your intentions, preventing potential conflicts among heirs. Think of it as your final act of care and consideration, making the process smoother and less stressful for your family during a tough time. So, understanding the importance of a will is not just about legal formalities; it's about making sure your legacy is preserved and passed on as you wish.

The Legal Framework for Wills and Registration in Surat

In Surat, just like everywhere else in India, the making and registration of a will fall under the Indian Succession Act of 1925. This law allows anyone above the age of 18 with a sound mind to create a will. You don't have to register a will for it to be valid, but registering it adds a layer of security and makes it harder to challenge in court. To register a will, you'd go to the Sub-Registrar's office in Surat with your will, two witnesses, and the required fee. Remember, the will doesn't need to be on stamp paper, and you can write it in any language you are comfortable with. Making a will is all about ensuring your assets go exactly where you want them to after you pass. Registration, while optional, is that extra step towards peace of mind.

 

Step-by-Step Guide to Creating an Online Will

Creating an online will in Surat doesn't have to be complicated or time-consuming. Follow this simple step-by-step guide, and you'll have your will ready in no time. First, choose a reputable online will service. Look for services with good reviews and clear instructions. Next, gather all necessary information - your assets, debts, and how you want them handled. This includes property, bank accounts, and even digital assets. Then, decide on your beneficiaries, the people you want to inherit your assets. It's also essential to appoint an executor, someone you trust to carry out your wishes. Fill in the online form with all this information. Take your time, and make sure everything is correct. Some services may offer to review your will by a legal professional. It's worth considering for peace of mind. Finally, follow the instructions to make your will legally binding. This might involve signing it electronically or following specific procedures required in Surat. And that's it! You've successfully created an online will, ensuring your assets are handled according to your wishes.

Key Components of a Will

When making a will, think straight and clear. You're laying out what happens to your stuff after you're gone. Here's what you gotta include, so there's no confusion later on. First, your name and address - prove it's really you making the will. Second, the date - makes sure it's clear when you made your decisions. Third, a list of your assets - this means anything valuable you own like your house, car, or even your grandpa's watch. Next up, who gets what - name the people or organizations you're leaving your things to. Don't forget an executor - that's the person you trust to make sure your will gets followed correctly. If you've got kids under 18, mention who'll take care of them. And last, signatures - yours, and two witnesses keep things legit. Simple, right? Lay it out clean, and you'll leave no headaches behind.

 

Type of WILLs in India

1. Military Personnel Wills (Privileged Wills): 
These wills, covered under Section 65 of the Indian Succession Act (1925), are created by members of the armed forces, including soldiers, airmen, and mariners, who are at least 18 years old. They outline how the individual wants their property to be distributed.

2. Civilian Wills (Unprivileged Wills): 
Governed by Section 63 of the Indian Succession Act (1925), these wills are made by individuals who are not serving in specific military roles. To be considered valid, the will must be signed by the person making it (the testator) in the presence of two witnesses.

3. Conditional Wills (Contingent Wills):
These wills are dependent on the occurrence of specific future events or the fulfillment of certain conditions. If the specified contingency does not occur or the conditions are not met, the will becomes invalid. Conditional wills ensure that property is distributed according to the testator's specific criteria.

4. Wills Made by Multiple Individuals (Joint Wills):
Joint wills involve two or more people creating a single will document together. Once created, these wills cannot be revoked by just one party unilaterally. Married couples often use joint wills to ensure mutual inheritance.

5. Reciprocal Wills (Mutual Wills):
In mutual wills, two parties agree on terms that are mutually beneficial. These wills are often used to ensure that children from previous marriages inherit property. After the death of one party, the terms of the will remain binding on the surviving party.

6. Wills for Different Types of Property (Concurrent Wills):
Testators may choose to create concurrent wills to conveniently manage the distribution of different types of property, such as movable and immovable assets. This approach helps reduce complications associated with various categories of property.

7. Identical Copies of a Will (Duplicate Wills):
Duplicate wills involve creating two identical copies of a single will. According to Section 63 of the Indian Succession Act (1925), a testator can sign and attest a copy of the will as a backup. If the original will is not available, the duplicate copy becomes valid.

8. Handwritten Wills (Holograph Wills):
Holograph wills are entirely handwritten by the testator. They are considered valid if there are no suspicious circumstances surrounding their creation, providing a simple method for creating a will.

9. Fraudulent or Coerced Wills (Sham Wills):
Sham wills are created with an ulterior motive beyond the proper distribution of property, often involving deception or unethical acts. Under Section 61 of the Indian Succession Act (1925), wills made fraudulently or under coercion are considered invalid.

 

 

Choosing the Right Platform for Online Will Making

When you decide to make your will online, you want a platform that's easy to use and reliable. There are many, but how do you choose? First, check reviews. What do others say? This gives you a hint. Next, consider the platform's safety features. Your information is personal. Ensuring it’s protected is key. Also, look at their service variety. Some platforms offer more than making wills. They might help with other legal documents. This could be useful. Lastly, cost matters, but remember, sometimes you get what you pay for. Finding a balance is crucial. In summary, choose a platform that is reputable, secure, versatile, and offers good value.

 

The Process of Registering a Will in Surat

To register a will in Surat, you need to visit the Sub-Registrar Office with two witnesses. First, make sure your will is clear and signed. Both witnesses should also sign the will. At the office, present your will, identification, and address proof. The registration fee is minimal, often less than ₹2000. The officials will then verify your documents and witness signatures. Once verified, they'll seal your will in an envelope, register it, and provide you with a registration number. Remember, registering a will is not mandatory, but it adds a layer of security, ensuring your wishes are respected. This process is straightforward and ensures your peace of mind.

 

About  Garvi (Automation of Administration of Registration, Valuation & Indexing in Gujarat)

GARVI (Gujarat Registration and Valuation of Immovable Property) is a web-based platform provided by the government of Gujarat that offers various services to citizens for the registration of documents and payment of associated fees. The key features of GARVI include:

1. Public Data Entry (PDE): This online facility allows parties to submit details about the document, such as party names, property details, and stamp duty paid, to the Sub Registrar Office for document registration.

2. E-Payment System: GARVI provides an online payment facility for stamp duty and registration fees, making the process more convenient for users.

3. Appointment Scheduler: The platform offers an online appointment scheduling system that allows parties to book available time slots for document registration, streamlining the process and reducing waiting times.

4. Property Search and Document Access: GARVI enables users to search for properties, obtain index2copy and document copies, and find the Jantri rate (government-determined market value of the property).

5. Information on Fees and Property Valuation: The application provides information regarding the rates of stamp duty and registration fees, as well as a tool to estimate the approximate market value of a property.

In summary, GARVI is a comprehensive online platform that simplifies the document registration process including WILLs in Gujarat by offering various services, including public data entry, e-payment, appointment scheduling, property search, and information on fees and property valuation.

 

On Garvi citizens can go and create their account on this link https://garvibeta.gujarat.gov.in/CitizenApp/Registration/FrmCitizenLogin.aspx. 

You can also download all WILL draft samples from the website in Gujarati & in English. https://garvibeta.gujarat.gov.in/ModelDraft_New.aspx

 

Sample draft of a WILL that can be registered may look like this:

         This is the last Will and Testament. I ………………………S/o …………………….. aged ………….  Years, Profession …………. Residing …………. …………………………… pin code ………. in a full disposing state of mind without any pressure from any person do hereby make this will to avoid any dispute or difference regarding my moveable and immoveable properties after my death.

 

Life is uncertain and I do not know when the god calls me and I don’t know when I leave this beautiful world therefore, during my lifetime I want to make settlement of my all moveable and immoveable properties so as to avoid any difference or dispute over sharing of my properties among my legal heirs.

 

I have not made any will or other testamentary document ,but if any made, I hereby revoke all previous wills and codicils if any and declare this to be my last will and testament.

 

I am blessed with

 

(Give details of the legal heirs namely , wife/son/daughter / or any other relative which testator wants to mention )

 

I am the owner and in possession of immovable properties more fully described in the schedule hereunder

 

SCHEDULE

 

1. District : . . . . . . . . . . . . . . . . . . . …………….

2. Taluka : . . . . . . . . . . . . . . . . . . . …………….

3. Village : . . . . . . . . . . . . . . . . . . . ……………

4. Revenue survey no : . . . . . . . . . . . . . . . . . . . .

5. City survey no : . . . . . . . . . . . . . . . . . . . ……

6. Tikka no: . . . . . . . . . . . . . . . . . . . …………..

7. Plot no : . . . . . . . . . . . . . . . . . . . ……………

8. Area sq.meter . . . . . . . . . . . . . . . . . . . ……...

9. Description of the property :-

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    

     . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10.Boundaries

East   : . . . . . . . . . . . . . . . . . . . .

West  : . . . . . . . . . . . . . . . . . . . .

North : . . . . . . . . . . . . . . . . . . . .

South : . . . . . . . . . . . . . . . . . . . .

 

I am the owner of movable properties more fully described hereunder including bank account

  1. ………………………….
  2. ………………………….
  3. ………………………….
  4. ………………………….
  5. ………………………….
  6. ………………………….

 

So long I am alive I will continue to be owner of all my properties. However, after my death

(Testator should mention settlement / sharing ratio / arrangement with respect to his movable and immovable properties either in favor of legal heirs or any person of his choice)

 

I appoint Mr./Mrs. ………………..S/W/D of ……………….R/o …………………. And in case of his demise Mr./Mrs. …..………………..S/W/D of …………..……….R/o …………….…. As executor of this will.

 

In witness where of, I . . . . . . . . . . have signed this WILL on the . . . . . . . . day of . . . . . . . . . . . month & year in the presence of the following witness who have witnessed the execution of this WILL and attested the same in my presence.

 

 

                                                                 Testator – Name . …….……….

  signature

 

Witness

1, . . . . . . . . . . .

2, . . . . . . . . . . .

 

ADDRESS & PHONE NUMBER OF SUBDIVISIONS & BLOCKS IN SURAT

Prant Officer, Surat City +91 261 2665800 prant-chor-sur@gujarat[dot]gov[dot]in Jilla Seva Sadan-2, “A” Block, 3rd Floor, Athwalines, Surat
i) Mamlatdar Surat City, Udhna   mam_suratcity@gujarat[dot]gov[dot]in Mamlatdar Office Udhna, Opp: District Court, Athwalines, Surat
ii) Mamlatdar Surat City, Majura     Mamlatdar Office Udhna, Opp: District Court, Athwalines, Surat
iii) Mamlatdar Surat City, Katargam +91 261 2474343   Mamlatdar Office Katargam, Old Collectorate, 2nd floor, Nanpura, Surat
iv) Mamlatdar Surat City, Puna +91 261 2465118   Mamlatdar Office Katargam, Old Collectorate, Ground floor, Nanpura, Surat
v) Mamlatdar Surat City, Adajan +91 261 2471416   Mamlatdar Office Katargam, Old Collectorate, First floor, Nanpura, Surat
 vi) Mamlatdar & ALT (KrushiPanch) Adajan     Mamlatdar Office Katargam, Old Collectorate, First floor, Nanpura, Surat
2 Prant Officer, Olpad +91 20261 221244 sdm-olpad-sur@gujarat[dot]gov[dot]in Olpad Prant & Sub – Divisional Magistrate, Taluka Seva Sadan, At. Olpad, Ta. Olpad, Dist. Surat
i) Mamlatdar Olpad +91 2621 221245 mam-olpad@gujarat[dot]gov[dot]in Mamlatdar Olpad, Taluka Seva Sadan, At. Olpad, Ta. Olpad, Dist. Surat
ii) Mamlatdar Chorasi +91 261 2663800 mam-choryasi@gujarat[dot]gov[dot]in Jilla Seva Sadan-2, “A” Block, 2nd Floor, Athwalines, Surat
iii) Mamlatdar & ALT (KrushiPanch) Chorasi +91 261 2475503 dismgmt-sur@gujarat[dot]gov[dot]in Bahumali Building, Block-“A”, 7th Floor, Nanpura, Surat
3 Prant Officer, Bardoli +91 2622 221124   Prant Office, Bardoli, Tal. Bardoli, District: Surat
i) Mamlatdar Bardoli +91 2622 220024 mam-bardoli@gujarat[dot]gov[dot]in Mamlatdar Office, Bardoli, Dist. Surat
ii) Mamlatdar Mahuva +91 2625 255721 mam-mahuva@gujarat[dot]gov[dot]in Mamlatdar Office, Mahuva, Dist. Surat
iii) Mamlatdar & Alt. (Ceiling) Bardoli +91 2622 220024 mam-bardoli@gujarat[dot]gov[dot]in Mamlatdar Office, Bardoli, Dist. Surat
4 Prant Officer, Kamrej +91 2621 253400   Prant Office, Kamrej, Taluka: Kamrej, District: Surat
i) Mamlatdar Kamrej +91 2621 252078 mam-kamraj@gujarat[dot]gov[dot]in Mamlatdar Office, Kamrej Char Rasta, Kamrej, District: Surat
ii) Mamlatdar Palsana +91 2622 264228 mam-palsana@gujarat[dot]gov[dot]in Mamlatdar Office, Palsana Tal. Palsana, District: Surat
5 Prant Officer Mandvi +91 2623 221177   Prant Office, Mandvi, Taluka: Mandvi, District: Surat
i) Mamlatdar Mandvi +91 2623 221023 mam-mandvi@gujarat[dot]gov[dot]in Mamlatdar Office Mandvi Tal. Mandvi, District: Surat
ii) Mamlatdar Mangrol +91 2629 220227 mam-mangrol@gujarat[dot]gov[dot]in Mamlatdar Office Mangrol Tal. Mangrol, District: Surat
iii) Mamlatdar Umarpada +91 2629 253399 mam-umarpada@gujarat[dot]gov[dot]in Mamlatdar Office Umarpada Tal. Umarpada, District: Surat
iv) Mamlatdar ALT (KrushiPanch) Mangrol +91 2629 220227 mam-mangrol@gujarat[dot]gov[dot]in Mamlatdar Office Mangrol Tal. Mangrol, District: Surat

 

FOR APPOINTMENT BOOKING AT THE REQUIRED SUB-REGISTRAR OFFICE, anyone can register themselves and visit on the stipulated date. The link for it is https://garvibeta.gujarat.gov.in/FrmViewAppointment.aspx 

 

Common Mistakes to Avoid When Making a Will Online

When diving into the world of online will creation, especially in Surat, it’s easy to trip over a few common pitfalls. First, many folks forget to update their will regularly. Life changes; so should your will. Update it after major life events like marriage, divorce, or the birth of a kid. Another mistake is not being specific enough about who gets what. Saying "split my assets among my children" might sound easy, but it leaves room for disagreement. Be as detailed as possible. Then, there’s the issue of choosing the wrong executors. Your executor needs to be someone you trust deeply and who can handle the responsibility. Don't just pick your eldest child because it feels traditional — pick the most capable. Shrugging off legal advice is also a no-go. Even when making a will online, consulting a legal expert ensures it meets all legal requirements in Surat. Lastly, not having witnesses or the right kind of witnesses can make your will invalid. Make sure you understand Surat’s requirements for witnesses to ensure your will stands strong. Dodge these mistakes, and you’re on a clearer path to making a will that truly reflects your wishes.

Frequently Asked Questions About Online Will Making and Registration

People often have a lot of questions about making and registering wills online, especially in Surat. Let's tackle some common queries to clear up any confusion you might have. First off, yes, you absolutely can create a will online. It's legal and valid as long as it meets certain criteria like being clear about your intentions, having the necessary signatures, and ideally being notarized. Many wonder if it's safe. The answer is yes, with a but. Ensure you're using a reputable service. Look for reviews or ask for recommendations. Cost worries many folks. Prices vary, but generally, it's more pocket-friendly than going through a lawyer the traditional way. However, complex cases might still need legal advice. Next up, registration. Not mandatory, but it's a wise move. It adds an extra layer of security and authenticity to your will, making it harder to contest. Doing this in Surat is straightforward. Just visit the Sub-Registrar’s office with your will, ID, and a small fee. Lastly, folks often ask, "Can I update my will?" Absolutely, and you should, especially after major life events. Online services often make this easier than traditional methods. Just remember, the latest version is the one that counts. So, there you have it. Making and registering a will online in Surat is not only possible but recommended for its ease and accessibility.

Conclusion: Simplifying Legal Matters through Technology

Technology has truly simplified complex legal matters, including making and registering a will in Surat. Gone are the days when you had to navigate through layers of paperwork or seek expensive legal counsel for such tasks. With online platforms, the process is now straightforward, cost-effective, and less time-consuming. You now have the power to create a legally binding will from the comfort of your home, at a fraction of the traditional cost. Moreover, online registration ensures your will is securely stored and easily accessible. Embracing these technological solutions not only saves you time and money but also gives you peace of mind knowing that your wishes will be honored. Remember, taking the step to create and register your will is an act of care for your loved ones, making sure they're looked after even when you're not around. Technology has made this crucial step accessible for everyone.

Testamentary Succession: Will it fair and square
Wills / Trusts

Testamentary Succession: Will it fair and square

It is hard to cope up when a loved one passes away, even harder when the deceased is the head of the family. Some plan for succession and create a Will while they are alive. However, many don’t foresee the need and leave it to chance. In such situations, it is tough for the rest of the family members to decide how the property Will be divided amongst and transferred to heirs. Who gets what, when and how remains some uncomfortable questions?

Testamentary Succession is the possible answer. This post shares insights on what does it mean, frequently used terms related to Testamentary succession under The Indian Succession Act 1925, characteristics of a valid Will, importance of having a Will and how Hindu Law governs Testamentary succession.

Meaning of Testamentary Succession:

In simple terms, it is defined as the succession of property by a WILL or TESTAMENT as per applicable rules of law. As per Hindu Law, any male or female can make a Will to transfer his or her property or assets to anyone. The Will is treated as valid and enforceable by law. 

An important point to note here is that the transfer of property happens as per provisions mentioned in the Will and not as per the inheritance law. However, if the Will is invalid or illegal then the transfer or devolution of property happens as per the law of inheritance. Alternatively, Testamentary succession is also referred to as right of inheritance.

People Also Read This: The Law of Inheritance Rights in India

Common Terms related to Testamentary Succession under Hindu Law

It is important to understand the frequently used terms that might sound complicated but are easy to interpret. They are:

  • Will – A legal declaration created by a person expressing clear intention or wish with regards to how his or her property and assets Will be transferred after death.

  • Testator – A person who creates his or her Will.

  • Executor – A person appointed by the Testator for executing the Will.

  • Administrator – A person appointed by the Court for executing the Will.

  • Attestation of Will – It is the process of signing the Will by two witnesses to verify the signatures of the executant.

  • Codicil – A legal document made by Testator and signed by two witnesses for making minor changes in the Will that has already been executed.

  • Probate – It is a documentary evidence of the appointment of the Executor and establishes the validity of the Will.

  • Letter of Administration – A certificate granted by the Court for appointing an Administrator of the Will.

Those who read this Article also Consulted a Lawyer about Will and inheritance. 

Important Characteristics of a Valid Will

A Testator must consider the following essential characteristics while creating his or her Will:

  • It is a written document expressing the testator's clear intentions or desire with respect to transfer of his or her assets or property.

  • It can be created by any person of age 18 years or above who is capable of entering into an agreement.

  • A person influenced by alcohol or fear or affected by illness or fraud cannot make a Will.

  • The Indian Succession Act, 1925 does not prescribe any specific format of writing a Will.

  • Minor unintentional errors in a Will – error in name spellings or details of property – does not alter the true intention of the testator.

  • The Testator should sign the Will which should be countersigned by two witnesses. In cases where the testator cannot sign, thumb impressions of the testator should be taken.

  • The signature of the testator should appear at the bottom of the page or at the end of the contents of the Will.

  • The witnesses to the Will should not be the beneficiaries themselves.

  • A Will comes into force only after the death of the testator.

  • And finally, it is not mandatory to make the Will document on a stamp paper and register it. The testator can also write it on a plain paper.

People Also Read This: How to Inherit Property in India?

Why is having a Will Important?

Each person wishes that his legal heirs stay a part of the cohesive family even after his or her death and that there are no fights over property matters. After all, fair division of property is a sensitive matter. In today’s times, if it is done properly, it can make long lasting relationships and if done otherwise, it breaks relations forever.

It is for this purpose, making a fair Will comes very handy. The testator must clearly document his or her desires with respect to the assets that his legal heirs would carry out after his or her death. The Will must clearly state how the testator's property Will be transferred, to whom it Will be transferred, how much share of property Will be transferred to different heirs and so on.

Generally, a very common question arises here as to what happens if a person dies without leaving a Will behind? In such cases, the division and transfer of property happens by way of law. This is called intestate succession.

Which law governs Testamentary Succession?

In India, Testamentary succession is governed by The Indian Succession Act 1925 including the intestate succession. Most importantly, this law extends to the whole of India but is only applicable to the Wills and codicils of Hindus, Sikhs, Buddhists and Jains by religion.

Also, for Hindus, the intestate succession and all its exceptions are codified in the Hindu Succession Act, 1956. It does not apply to Muslims, Christians, Parsis and Jews. For example, Muslims are allowed to dispose their property and assets according to Muslim Law.

Conclusion

It is always advisable to write a well thought and a fair Will. In case of any ambiguity or in the absence of a Will, there is a possibility that the legal heirs of the deceased would engage in unwanted ugly legal battles for claiming their rightful share.

Legal Experts at LegalKart can help draft a Will that best suits your requirement. 

Those who read this Article also Consulted a Lawyer about Will and inheritance.