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Introduction to the New Motor Vehicles (Amendment) Act, 2019

The Motor Vehicles (Amendment) Act, 2019, is a big shake-up in India's traffic laws, aiming to make our roads safer and reduce accidents. Before this Act, the penalties for traffic violations were, frankly, too low to deter reckless behavior. The government noticed this and decided it was time for a tough love approach. So, what's new? Well, the Act has jacked up fines significantly across the board. Whether it's speeding, driving without a license, or not wearing a helmet, prepare to shell out a lot more if you break the rules. The idea is simple: hit the wallet hard to make everyone think twice before they act carelessly on the road. It's all about instilling discipline and ensuring safety for all, which, let's be honest, was long overdue.

Key changes introduced in the amendment

The New Motor Vehicles (Amendment) Act, 2019, brought in hefty fines and stricter penalties aimed at ensuring better road safety. Let's break down the key changes, so you're in the loop. First off, driving without a license now attracts a fine that's gone up significantly from the earlier Rs. 500 to Rs. 5,000. Not wearing a seatbelt? That penalty has also seen a jump, from Rs. 100 to Rs. 1,000. Riding without a helmet was once a Rs. 100 offense; it's now Rs. 1,000, plus a possible 3-month suspension of your license. Drunken driving hasn't been spared either; fines have skyrocketed from Rs. 2,000 to a steep Rs. 10,000.

But it's not just about fines; the amendment also introduces a concept of guardians/owners being held accountable for traffic violations committed by juveniles. This means if an underage person is caught driving, the guardian or the owner of the vehicle will face serious penalties, including a 3-year jail term or a hefty fine of Rs. 25,000, along with cancellation of the vehicle's registration.

Lastly, hit-and-run compensation has seen a positive change, with the amount increasing to Rs. 2 lakh in case of death, and up to Rs. 50,000 for grievous injury. This amendment aims to instill a sense of responsibility among drivers and make Indian roads safer. With heavier fines and stricter rules, the message is clear: adhere to the law, or be prepared to pay the price.

Overview of increased penalties and fines

The New Motor Vehicles (Amendment) Act, 2019, introduces harsher penalties for offenses on the road. It's aimed at making our streets safer by discouraging traffic violations. Here's a straightforward look at what's changed: driving without a license now costs you Rs 5,000, a steep jump from the earlier Rs 500. Not wearing a seatbelt can set you back Rs 1,000, which is up from Rs 100. For drunk driving, you're looking at Rs 10,000, which used to be Rs 2,000. These hikes aren't just small adjustments; they're significant leaps meant to make you think twice before breaking the law. The idea is clear – follow the rules, or your wallet will bear the brunt. It's all in an effort to reduce accidents and ensure that everyone on the road gets to their destination safely.

Impact on driving licenses and registration

The Motor Vehicles (Amendment) Act, 2019 has put tougher rules in place. It's not just about paying more for traffic rule breaks; it changes how driving licenses and vehicle registrations work too. Now, if you're caught driving badly or breaking laws, your license can be taken away faster and for longer. Before, a small mistake might have slipped by, but now, even less severe mistakes can lead to your driving license being suspended.

For vehicle registration, the changes are also strict. The act aims to make sure vehicles on the road are fit to drive. This means your car or bike needs to meet higher standards. If your vehicle isn't up to mark, getting caught could mean heavy fines or even your vehicle being taken off the road.

In short, the new act makes it clear: follow the rules closely. Because if you don't, getting back on the road might not be as easy as before.

Enhancements in road safety measures

The New Motor Vehicles (Amendment) Act, 2019 put a strong focus on enhancing road safety. It introduced stricter rules and increased penalties for violations to curb road mishaps. Now, wearing helmets and seat belts is more strictly enforced than ever. If caught without them, you're looking at higher fines, aiming to make everyone think twice before breaking the rules. The law also cracks down on dangerous driving practices. Things like speeding, drunken driving, and not giving way to emergency vehicles attract hefty fines. This is all in an effort to reduce accidents and make roads safer for everyone. Remember, it's not just about avoiding fines; it's about keeping you and others safe on the road.

Revised penalties for traffic violations

The New Motor Vehicles (Amendment) Act, 2019 has shaken things up for drivers across the board. If you're not in the know, it's time to pay attention because the cost of slipping up on the road just went up, significantly. Gone are the days when fines were more of an annoyance than a deterrent. This time, they mean business. Let's break it down in simple words.

First, let's talk speeding. Feel the need for speed? Well, your wallet won't thank you. What used to be a slap on the wrist is now a hit to the bank account. The act has more than doubled fines for speeding. The message is clear: slow down or pay up.

Drunk driving, always a serious offense, now carries penalties that will make anyone think twice before getting behind the wheel after a few drinks. We're not just talking about a temporary hit to your finances. With the new law, you're looking at steeper fines and possibly even jail time. It's straightforward – drink, and you're not driving. Riding without a helmet or seatbelt was often overlooked in the past. Not anymore. The new fines for riding or driving without proper safety gear are enough to make anyone think twice. It's not just about following the rules, it's about keeping you safe. Buckle up or prepare to shell out some serious cash. Let's not forget about driving without a license. This fundamental rule of the road has always carried a penalty, but now, it's more than just an inconvenience. Driving without a valid license will cost you more than it's worth. The message is simple: get licensed, or get fined.

In summary, the New Motor Vehicles (Amendment) Act, 2019 is here to make the roads safer for everyone. The revised penalties for traffic violations aren't just numbers; they're a call to action for more responsible driving. It's not just about avoiding fines; it's about making the

Differences between old and new penalty structures

The New Motor Vehicles (Amendment) Act, 2019, brought in stiffer fines and stricter penalties for traffic violations, widening the gap significantly from the older norms. Before this Act, a simple offense like not wearing a seat belt could let you off with a fine of just ₹100. Now, you're looking at ₹1,000. That's ten times the hurt on your wallet! Similarly, drunken driving, which was earlier penalized with a fine of ₹2,000, has now skyrocketed to ₹10,000. The jump isn't just big; it's designed to make you think twice, maybe even thrice, before breaking the law. The rationale? Tougher fines equal safer roads. Whether it's speeding, driving without insurance, or not obeying traffic signals, the new act has upped the ante across the board, aiming to reduce accidents and encourage responsible driving. Remember, it's not just about avoiding fines; it's about keeping everyone on the road safe.

How the amendment aims to reduce road accidents

The New Motor Vehicles (Amendment) Act, 2019 has one clear goal: to make our roads safer. By significantly increasing penalties and fines for traffic violations, it sends a bold message – follow the rules or pay the price. Here's the logic: higher fines hurt your wallet, making you think twice before breaking traffic laws. This approach aims to reduce reckless driving, over-speeding, driving under the influence, and other risky behaviors that lead to accidents. Simply put, if the cost of breaking the law is high, people are more likely to stick to the rules, making roads safer for everyone.

Important considerations for vehicle owners and drivers

The New Motor Vehicles (Amendment) Act, 2019, has made significant changes to penalties and fines, aiming to improve road safety and reduce accidents. As a vehicle owner or driver, it's crucial to understand these changes to avoid heavy fines and contribute to safer roads. Firstly, know that penalties for common offenses like overspeeding, driving without a license, and DUI (driving under the influence) have increased substantially. For instance, the penalty for drunk driving has gone up significantly, signaling the government's stern stance on road safety.

Secondly, the act enforces stricter penalties for not wearing seat belts or helmets, highlighting the importance of basic safety measures. The fine for not wearing a helmet, for example, has seen a hike, with an added clause that might suspend your license for three months.

Lastly, the act introduces penalties for newer offenses like juvenile driving. If a minor is caught driving, the guardian or vehicle owner will be held accountable, facing hefty fines or even imprisonment. This underlines the importance of responsible vehicle ownership and ensuring that minors do not have access to vehicles until they are legally permitted to drive.

Staying informed about these changes is more than just a legal requirement; it's a step towards responsible driving and owning. Ensuring you keep up to date with the law will not only save you from fines but also contribute to making the roads safer for everyone.

Conclusion: Navigating the new rules for safer roads

The New Motor Vehicles (Amendment) Act, 2019, presents a strict overhaul of traffic regulations aiming for safer roads and reduced accidents. With increased penalties and fines, the message is clear: safety is not negotiable. The steep fines for violations like not wearing a helmet, drunk driving, and overspeeding are designed to deter reckless behavior on the roads. It's essential for every driver and pedestrian to familiarize themselves with these new rules. By doing so, you not only avoid hefty fines but also contribute to making our roads safer for everyone. Remember, the goal of the Act is not just to punish but to educate and remind everyone of the critical importance of road safety. Let's all do our part in embracing these changes for a safer tomorrow.

Introduction to Freehold and Leasehold Property

When we talk about owning property, there's usually two types you'll hear about: freehold and leasehold. Now, let's keep it simple. Think of freehold like this - you own the house and the land it sits on. No one can tell you what to do with it, within the law, of course. You're the king of your castle here. On the other hand, leasehold is like renting the land. You own the house, sure, but the land? Not so much. You've got it for a certain time - could be 99 years, could be 999, depends on your deal. But, when that time's up, the land goes back to the landlord, whoever that might be. So, you wanna build a new porch or plant a garden in a freehold property? Go right ahead. Want to do the same in a leasehold property? You'll need to check with the big boss first. Keep this in mind when you're thinking about buying. It's all about what kind of control and freedom you want.

What is Freehold Property?

When you buy a freehold property, you own it outright. This includes the land it's built on and the building itself. You're in charge. No landlords, no annual ground rent, and no lease to run out. Simply put, the property is yours forever or until you decide to sell it. This gives you the freedom to do pretty much what you like with it, following local regulations, of course. Think of it as being the king or queen of your castle. Freehold is often more desirable because of this complete control, making it potentially a smarter long-term investment. But remember, with great power comes great responsibility. You're on the hook for all the maintenance and repairs. No passing the buck here.

The Benefits of Owning a Freehold Property

Owning a freehold property means you own the building and the land it stands on outright, no strings attached. It's like being the king or queen of your castle. Here's the deal: first off, you get total control. Want to paint your house pink? Go for it. Thinking about building a giant slide from your bedroom to the pool? No one's stopping you. You're the boss, and you don't need permission from a landlord or management company for changes. Also, there's no worrying about a lease running out since, well, there isn't one. Your house, your rules, forever. Plus, no ground rent or service charges, which are extra costs leaseholders often get hit with. In the money department, freehold properties tend to appreciate in value over time more than leaseholds do. This means if you decide to sell later on, you could be looking at a nice profit. In short, freehold is the way to go for freedom, control, and a potentially fatter wallet in the future.

Potential Downsides of Freehold Ownership

While owning a freehold property might seem like the ultimate win, it comes with its own set of challenges. Firstly, the bang you get for your buck is high - the initial purchasing cost of a freehold property is usually more than that of a leasehold. This is because you're buying the land and the home, all in once. Moreover, when it comes to maintenance, the buck stops with you. There's no landlord to call when things go south; if the roof starts leaking or the furnace breaks, it's on you to fix it. This can lead to unforeseen costs that can pile up, especially in older homes. Another point to consider is the potential for property disputes, especially regarding boundaries with your neighbors. Without a landlord or managing agent to mediate, these disputes can become lengthy and expensive. Lastly, while you have the freedom to make changes to your property, significant modifications may still require planning permission from local authorities. This can be a time-consuming and sometimes frustrating process, particularly in areas with strict preservation rules or building regulations. So, while freehold ownership does mean more control, it also demands a higher level of responsibility and financial commitment.

Understanding Leasehold Property

Leasehold property means you own the home but not the land it sits on. Simply put, you have a lease from the landowner to use the home for a set number of years. These leases can be for long periods, often lasting between 90 to 999 years. When the lease ends, ownership returns to the landowner unless you can extend the lease. This setup influences the property's value, especially as the lease gets shorter. Here’s the kicker: extending a lease can be expensive and navigating this process complex. Plus, owning a leasehold property often comes with annual ground rent and a service charge, costs that can increase over time. So, while a leasehold might be cheaper upfront, these fees and the potential decrease in property value as the lease shortens are critical to consider.

Advantages of Leasehold Ownership

Leasehold ownership might sound less appealing at first, but it's like finding a hidden treasure in the real estate world. First off, properties under leasehold tend to be cheaper upfront than their freehold counterparts. This means you can get into the property game without as hefty an initial financial commitment. Plus, leasehold properties are often in prime locations – think city centers or coastal areas – where buying freehold might be a wallet-emptying endeavor.

Maintenance and repair? Less of a headache for leaseholders. Typically, it’s the landlord's job to handle the major upkeep of the building. This means you can kiss goodbye to the stress of dealing with a leaking roof or a cracked foundation. And, in some cases, leasehold properties come with enticing amenities – swimming pools, gyms, and 24-hour security, all looked after by the landlord or management company.

Lastly, if you’re not planning to stay rooted long-term, leasehold properties make sense. They provide the flexibility to live in premium locations without the lifelong commitment freehold ownership entails. Granted, there are downsides, like annual ground rent and possible service charges, but the perks of leasehold ownership shine brightly for the right person. So, before you decide, weigh the cheaper entry cost, reduced maintenance headaches, and location perks against the long-term cons. It's all about finding what fits your lifestyle and financial plan.

Challenges with Leasehold Properties

Leasehold properties come with their own bag of problems. First off, you're basically renting the land your home sits on for a set number of years. Once your lease runs out, the property goes back to the landlord unless you can renew it, which is not always easy or cheap. Also, expect to pay a ground rent to the landlord annually, which can increase over time, adding an unpredictable expense to your budget. Selling a leasehold property can be a headache too. The shorter your remaining lease, the harder it is to find buyers. Plus, getting a mortgage for a house with a short lease? Tough. And if you're thinking about making changes to your place, brace yourself. You'll likely need the landlord's permission, and that can come with conditions or even extra costs. In short, owning a leasehold property means dealing with more restrictions, potential additional costs, and uncertainty about the future.

Comparing Freehold and Leasehold: Key Differences

When talking property, think of Freehold and Leasehold as two sides of the same coin, yet they stand apart in what they offer to homeowners. First up, freehold means you outright own the property and the land it sits on. No expiry date on your property deeds here. It's like buying a car; once you've paid, it's yours to drive around forever. Simple as that.

Leasehold, on the other hand, is more like renting that car. You have the property for a set period, could be 99 years, could be 999, but when the time's up, the property reverts back to the landowner unless you can extend the lease. Here, you’ll be paying ground rent and maybe other charges to the person who owns the land. Now, let's break it down:

• Ownership Duration: Freehold is forever; leasehold has a countdown timer.

• Costs: With leasehold, you're looking at ground rent and possibly service charges on top of your mortgage. Freehold? Once you've bought it, the ongoing costs are in your hands, like maintenance.

• Control: Want to knock down walls or build a conservatory in a freehold home? Go for it. Leasehold means you’re likely asking for permission.

In essence, freehold offers stability and freedom, making it the go-to for those looking to put down roots without strings attached. Leasehold can seem less complicated upfront and sometimes cheaper. But remember, it's a bit like borrowing land – with rules and an end date. Choose wisely based on your long-term game.

How to Decide: Freehold vs Leasehold Property

Deciding between freehold and leasehold property is like choosing between buying your freedom or renting it. Here's a simple breakdown to help you decide. Freehold means you own the property and the land it sits on outright, no strings attached. You're the boss, and nobody can tell you what to do with it, within legal limits, of course. This gives a sense of permanent security and freedom but often comes with a heftier price tag upfront. Leasehold, on the other hand, means you're basically renting the land from the landlord (freeholder) for a long period – think 99 years or even 999. It's usually cheaper at first, but there's a catch. You might have to pay yearly ground rents, service charges, and follow the landlord's rules, which can change.

To decide, ask yourself a couple of questions. How much upfront cash do you have? Freeholds cost more initially. How much control do you want? Can't stand someone else making rules? Freehold might be for you. Planning to stay there forever or just a few years? Long term, freehold often makes more sense. Worried about extra fees and rules changing? Leaseholds can be tricky.

In short, if you've got the cash and crave control and permanence, freehold could be worth the extra dough. If you're looking to save some up-front cash, don't mind a few rules, and see yourself moving on someday, leasehold might just be your ticket.

Conclusion: Making an Informed Choice

When deciding between a freehold and a leasehold property, think clear and think smart. A freehold property means you own the land and the building indefinitely. With this, you're in control. No ground rent, no lease to expire. But, it comes with a bigger price tag upfront. On the other side, leasehold means you're leasing from the freeholder. Yes, it's cheaper to start, but you've got annual ground rent, and that lease does count down. Plus, you'll be dealing with a landlord. The decision? It hinges on what you value more: total control and ownership forever with a higher cost now or lower initial costs with some strings attached. Consider your long-term plans, finances, and the freedom you want in your home. Making an informed choice is key.

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

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.

Introduction

In the modern social media crazed world, everything is faster including food, delivery, groceries and even relationships. Unfortunately, due to the advent of this speed there has been an equally supersonic rise in the litigations that are accompanying modern relationships. This article seeks to examine the dangers and pitfalls that can occur when relationships go sour and the legal implications of a false promise to marriage that can lead to severe repercussions under the rigors of the law.

Supreme Court on Section IPC 376

The Hon’ble Supreme Court has opined Pramod Suryabhan Pawar v State of Maharashtra & Ors 2019 (9) SCC 08 opined at para 37 that “The sum and substance of the aforesaid decisions would be that if it is established and proved that from the inception the accused who gave the promise to the prosecutrix to marry, did not have any intention to marry and the prosecutrix gave the consent for sexual intercourse on such an assurance by the accused that he would marry her, such a consent can be said to be a consent obtained on a misconception of fact as per Section 90 of the IPC and, in such a case, such a consent would not excuse the offender and such an offender can be said to have committed the rape as defined under Sections 375 of the IPC and can be convicted for the offence under Section 376 of the IPC.

Thus, from the aforesaid judicial pronouncement it can be seen that if the Complainant alleges that she was induced into engaging in sexual intercourse under the false promise of a marriage and that false promise was the reason for her providing consent for sexual intercourse the perpetrator can be booked under section 376 of the IPC r/w Section 90 of the Indian Penal code for the heinous offence of rape due to interpretation of the law by the Hon’ble Court.

It is pertinent to note that this interpretation of the law has now found statutory recognition under the new criminal laws sought to be enforced in the country as even Section 69 of the Bharitya Nyaya Sanhita states that “whoever, by deceitful means or making by promise to marry a woman without any intention of fulfilling the same, and has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine”

What Does the new criminal law say?

The current section in the New Criminal Laws makes it patently clear and unambiguous that the aforesaid offence has been specifically carved out and is no longer and extension of the law by application of judicial mind but is a clear-cut offence in the eyes of the Law.

Important Judgements on Section 376 IPC in Supreme Court & High Courts

The Hon’ble Supreme Court however, in it’s recent judgment of Naim Ahmed v State (NCT of Delhi) Crim Appeal No. 257 of 2023 wherein the Hon’ble Supreme Court has opined that “ It would be a folly to treat each breach of promise to marry as a false promise and to prosecute a person for the offence of rape under Section 376 IPC - Difference between giving a false promise and committing breach of promise by the accused - In case of false promise, the accused right from the beginning would not have any intention to marry the prosecutrix and would have cheated or deceived the prosecutrix by giving a false promise to marry her only with a view to satisfy his lust, whereas in case of breach of promise, one cannot deny a possibility that the accused might have given a promise with all seriousness to marry her, and subsequently might have encountered certain circumstances unforeseen by him or the circumstances beyond his control, which prevented him to fulfillhis promise.” and thus the Applicant was acquitted and set at liberty by the Hon’ble Apex Court.

The Hon’ble Courts have also taken judicial notice of the fact that there has been a rampant uptick in the number of criminal cases filed on the basis ofthese provisions which has led the Hon’ble Delhi High Court to remark thus in the case of Capt. Simranjit Sambhi v State (NCT of Delhi) & Anr. (CRL M.C. 2960 of 2021) wherein the Hon’ble High Court chose to quash the FIR and has noted at para 20 that “a private dispute is being aggravated for ulterior purposes and the process of the law is being used as a tool to settle personal scores.”

The Hon’ble Delhi High Court has further evolved their rulings to encapsulate that a married woman, however, cannot allege that she was induced into physical relations upon a false promise of marriage as opined by the Hon’ble Delhi High Court in the case of S. Rajadurai v State (NCT) of Delhi & Anr. W.P.(CRL) 208/2023 wherein the Hon’ble Court has opined that “Thus, the protection and remedies available under Section 376 of the IPC cannot be extended to a victim who was not legally entitled to marry the person with whom she was in sexual relationship with. A case can be made out under Section 376 of IPC, if the victim can prove that she was induced into a sexual relationship under false pretext of marriage by the other party being legally eligible to enter into a marriage with such person”

Conclusion

Given the evolving landscape of the criminal laws in light of the overhaul done by Parliament with respect to the BNS, BNSS it remains to be seen whether the new penal provisions will open the flood gates for adversarial litigation amongst couples or will the authorities be more discerning in applying the standard of proofs available to criminal complaints of this nature.

Young couples everywhere will have to exercise caution before promising their paramours the sun, moon and the stars as the breaking of this promise could land someone behind bars!