MOOT PROBLEM

RURAL INDIA AND JOINT FAMILY

General Information

1. Hastinapur is a rural village in the Asaram district of Mahalwadi. It is known for its valleys
and is also a hill station. Many tourists gather here in the summer, and it gets densely
populated.

2. A joint family comprising of Mr Kamlesh Upadhyay, his wife, Lata Devi, and their three
sons, namely Mr Raj Upadhyay, Mr Ravi Upadhyay, and Mr Rohit Upadhyay, along with their
wives and children, resided together in Hastinapur in a spacious house of 6000 sq. ft. This
family had inherited significant property from their ancestors, which included a farmhouse of
about 50 acres, agricultural land of about 50 acres, buildings, and livestock. The property
had been in the family for generations and held immense sentimental value. The agricultural
land was adjacent to the highway recently built In the Asaram district.

2. Initially, the brothers coexisted harmoniously and collectively managed the property,
sharing responsibilities and decisions. Mr Raj, the eldest of them all, handles the agricultural
land and has a business strawberries. Mr Ravi also has a side business, Ravi Tourists, which
gains him considerable profits in the summers. However, as time went by, differences in their
perspectives regarding the handling of their inheritance began to emerge, leading to tensions
within the family. Mr Rohit primarily works part-time and travels in the nearby city.

3. At the heart of the dispute was their ageing Father, Mr Kamlesh, who was 80 years old
and recently diagnosed with cancer. Throughout his life, Mr Kamlesh acquired substantial
wealth, consisting of movable and immovable assets. The property included a notable
building of 25 crores.

4. The building was situated in the village on a land of 2000 sq. ft with a lot of amenities.

5. Given Mr Kamlesh's deteriorating health and the need to plan for the future, he made a
significant decision. On 15th June 2023, he executed a will, explicitly addressing the valuable
building of 25 crores, in favour of his youngest son, Rohit, as he took care of him the most.
The will expressly states that upon Mr Kamlesh's demise, the ownership and possession of
the said building would be transferred to Rohit. Although, he did not mention anything about
the other ancestral properties

5. However, upon Mr Kamlesh's passing on 17th June 2023, the implementation of the will
faced resistance from Raj and Ravi, the two elder brothers. They strongly objected to Rohit
taking immediate possession of the building as they were not convinced of the will's
authenticity. The brothers found themselves at odds with each other, each holding a different
opinion on how to handle the matter and the future of the building.

6. According to Raj, all brothers should share the property, and he wants everyone to
work together. He plans to renovate the building, create three businesses below it,
 and live upstairs. This would guarantee each family has a separate flat in the same
building while still living together.

7. Besides expanding his tourism business, Ravi wanted to turn the building into a
fully functional commercial space. He also argued that Hastinapur might soon
develop into a commercial centre if more and more tourists come to the area.

9. Rohit contends that he deserves it since, despite having to travel to the city every
day, he took the best possible care of his father and the father carried out the will on
his behalf.

10. The three brothers took equal responsibilities in the case of the property, and
they had a good rapport, but due to the property division, repercussions arose
between them.

11. The younger son took the most care of their father and the elder brother took
more care of the businesses. Therefore the three brothers have equal rights on the
property according to them.

12. Based on the advice of their legal teams, the brothers have decided to pursue
mediation to address their issues and prevent further escalation. The mediation is
scheduled for June 30, 2023, in Delhi's Tiz Hazard. All the brothers and their legal
representatives will attend the mediation session.

Mediation set-up:

1. Introduction and Opening Statements: Initially, mediators introduce themselves and

explain the purpose and process of mediation. The mediator ensures that all parties,
including Mr Raj Upadhyay, Mr Ravi Upadhyay, and Mr Rohit Upadhyay, along with
their legal representatives, understand the voluntary nature of mediation and the
importance of open and respectful communication. Each party can present an opening
statement, expressing their concerns, interests, and desired outcomes regarding the
dispute over the valuable building.
2. Clarification of Issues and Interests: The mediator facilitates a discussion to clarify
each party's key issues and underlying interests. They encourage active listening and
empathetic communication to ensure that all perspectives are understood. The
mediator helps the parties explore their interests beyond the immediate dispute,
considering their values, plans, and family dynamics. This stage aims to foster
understanding and identify common ground.
3. Sharing of Infrmation and Documentation: To facilitate informed decision-making,
the parties share relevant information and documentation related to the property,
including the will executed by Mr Kamlesh, property deeds, valuation reports, and any
other evidence or documents pertinent to the dispute. The mediator ensures
 transparency in the exchange of information and allows sufficient time for the parties
to review and discuss the provided materials.
4. Identifying Options for Resolution: The mediator assists the parties in generating
and evaluating various options to resolve the dispute. They encourage creative
thinking and brainstorming, exploring possibilities such as joint ownership of the
building with agreed-upon usage rights, profit-sharing arrangements, or alternative
compensation for the parties who do not have immediate possession. The mediator
also explores the potential for involving external experts, such as property appraisers
or business consultants, to provide objective insights and assist in evaluating the
viability of the proposed options.
5. Negotiation and Compromise: With the mediator's guidance, the parties engage in
constructive talks, focusing on finding a mutually acceptable solution. The mediator
facilitates dialogue, encouraging the brothers and their legal representatives to
express their concerns, interests, and potential solutions. The parties are encouraged
to explore trade-offs and compromises to reach a resolution that addresses their
individual needs and the entire family's best interests. The mediator assists in
managing emotions, defusing conflicts, and redirecting discussions towards productive
outcomes.
6. Finalising the Agreement: Once the parties reach a mutually agreeable resolution,
the mediator helps formalise the agreement. The agreement may include provisions
for the distribution of the property, financial arrangements, usage rights, and any other
terms necessary to resolve the dispute and maintain a harmonious relationship within
the family. The mediator ensures the agreement is clear, comprehensive, and legally
enforceable. They may advise the parties to seek independent legal counsel to review
the deal before its finalisation.
7. Closure and Follow-up: After the mediation, the mediator facilitates a discussion to
ensure all parties are satisfied with the resolution. They allow the parties to express
their feelings, acknowledge the efforts made, and express a commitment to move
forward positively. The mediator may also offer suggestions for future communication
and conflict resolution within the family. Follow-up sessions or mechanisms may be
established to monitor the agreement's implementation and address any potential
concerns or disputes.