Docsity
Docsity

Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity


Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan


Guidelines and tips
Guidelines and tips

RML ADR COMPETITION 2021, RML ADR COMPETITION background guide RML ADR COMPETITION background guide, Study Guides, Projects, Research of Land Law

RML ADR COMPETITION background guide

Typology: Study Guides, Projects, Research

2020/2021

Uploaded on 03/24/2021

HrishikeshJaiswal
HrishikeshJaiswal 🇨🇲

4

(1)

7 documents

1 / 6

Toggle sidebar

This page cannot be seen from the preview

Don't miss anything!

bg1
Mediation-Sumitra vs Suchit and Sunil
FACTS
Introduction of the Counsel-
I am Hrishikesh Jaiswal, I like people calling me Hrishi, I will be representing the
interest of Mrs. Sumitra Kumar
Thank the other team for coming on to this table and discussing.
I hope that we able to reach an agreement that meets the needs of both parties.
I am a designated Senior advocate at the Allahabad high Court and an empaneled
negotiator at the International Institute of Commerce and Property.
I have had attended various mediation sessions before with a good track record.
Other pleasantries-
It is very noble of the Honble Supreme Court to suggest this matter for mediation, the
reason I say so is that in the recent times Mediation has seen a more than 70% of success
rate
Also the importance of confidentiality is known to all, all the talks that happen here are
limited to this virtual room
I must say that I am here in a facilitative capacity and have been given the authority to
have discussions with you, but all the final decisions and agreements will be done by my
client.
I must give a caveat here that we are not here to get entangled into laws.
Introduction about the problem
1. My client is Mrs. Sumitra Kumar, she is a trained classical singer and also has given her
beautiful voice in various Tamil and Hindi Songs. She is married to Mr. Manvendra
Kumar. Currently she is living in Delhi with her husband who is working as an assistant
in the State Bank of India.
2. She is sister to Mr. Sunil and Suchit.
3. After her mother death when she was 16, since then till her marriage she has taken care of
her father and brothers.
4. She has helped her father come out of depression, she has also managed the household
efficiently.
5. After her father’s death to a mental illness, what she comes to know is that she has not
been eve named in his will.
6. Mrs Sumitra expects that this is because of the mental illness of her father.
7. If not this, she smells of some foul play from her brothers
8. She expects an equal share in the property and is here to get this.
pf3
pf4
pf5

Partial preview of the text

Download RML ADR COMPETITION 2021, RML ADR COMPETITION background guide RML ADR COMPETITION background guide and more Study Guides, Projects, Research Land Law in PDF only on Docsity!

Mediation-Sumitra vs Suchit and Sunil FACTS Introduction of the Counsel-  I am Hrishikesh Jaiswal, I like people calling me Hrishi, I will be representing the interest of Mrs. Sumitra Kumar  Thank the other team for coming on to this table and discussing.  I hope that we able to reach an agreement that meets the needs of both parties.  I am a designated Senior advocate at the Allahabad high Court and an empaneled negotiator at the International Institute of Commerce and Property.  I have had attended various mediation sessions before with a good track record. Other pleasantries-  It is very noble of the Honble Supreme Court to suggest this matter for mediation, the reason I say so is that in the recent times Mediation has seen a more than 70% of success rate  Also the importance of confidentiality is known to all, all the talks that happen here are limited to this virtual room  I must say that I am here in a facilitative capacity and have been given the authority to have discussions with you, but all the final decisions and agreements will be done by my client.  I must give a caveat here that we are not here to get entangled into laws. Introduction about the problem

  1. My client is Mrs. Sumitra Kumar, she is a trained classical singer and also has given her beautiful voice in various Tamil and Hindi Songs. She is married to Mr. Manvendra Kumar. Currently she is living in Delhi with her husband who is working as an assistant in the State Bank of India.
  2. She is sister to Mr. Sunil and Suchit.
  3. After her mother death when she was 16, since then till her marriage she has taken care of her father and brothers.
  4. She has helped her father come out of depression, she has also managed the household efficiently.
  5. After her father’s death to a mental illness, what she comes to know is that she has not been eve named in his will.
  6. Mrs Sumitra expects that this is because of the mental illness of her father.
  7. If not this, she smells of some foul play from her brothers
  8. She expects an equal share in the property and is here to get this.
  1. https://www.proptiger.com/guide/post/7-grounds-on-which-you-can-challenge-a-will
  • Ability to express wishes clearly and consistently in an orderly plan of disposition.  Physical factors include a wide range of medical disorders, including head trauma, systemic diseases i.e. metabolic, endocrinal, infectious and other disorders that affect brain functioning and mental state  Alcohol abuse can have both acute and chronic effects on cognition, judgment and behaviour.In the acute phase of alcohol consumption even the small amounts of alcohol may affect perception, judgment and impulsiveness. These mental changes could affect testator’s decision regarding the execution of a Will. The effects of chronic alcohol abuse are similar.  Dementias such as Alzheimer’s disease, Lewy body dementia, and vascular cognitive impairment are characterized by diffuse cognitive deficits.In cases of obvious and severe cognitive impairment, there will be little need for subtle interpretations of brain function.  Mood disorders , including depression and bipolar disorder, may produce cognitive distortions (delusions), compromise judgment, and cause irritability or impulsiveness. These acute and subacute changes may affect testamentary capacity and vulnerability to undue influence. Usually these changes in mental state can be identified during a specific episode, but in some cases they can become chronic.  Paranoid delusions may be secondary to a number of clinical syndromes, including schizophrenia, delusional disorders, and other forms of neurological disease, such as dementia, delirium, acquired brain injury, and other brain lesions.  Symptoms of testamentary incapacity
  • Difficulties in attention and information processing
  • Language difficulties
  • Memory difficulties
  • Impairment of higher executive funcytions
  • Persecutory delusions
  • Delusions of poverty

ISSUES

**1. About the testamentary mental capacity of Mr Rao?

  1. Circumstances around when the will was made? (** voluntary, no fraud, no undue influence ) The testator should be free from undue influence//fraud/coercion - Under Section 61 of Indian Succession Act 1925, a Will or any part of a Will, the making of which has been caused by fraud or coercion or by such importunity as takes away the free agency of the testator is void **QUESTIONS
  2. What was the disease he was suffering from?
  3. Since when was he suffering it?
  4. Was he suffering from it when he made the will?
  5. Was he aware what he was doing?
  6. Was he intoxicated?
  7. What is the proof of sanity?
  8. Was any medical test done for proving the mental well-being of Mr. Rao
  9. How much time before death was the will made? Age of Mr. Rao?
  10. Mr. Rao was depressed, so was he alcoholic?
  11. How can Mr Rao, not even mention about her daughter? He loved and adored her so much?
  12. Was the will attested by witnesses? Who are they?
  13. How many witness attest the will?
  14. Did the witness sign the will in front of the testator?
  15. Were the beneficiary and the witness the same?** invalid (Section 67 of Indian Succession Act 1925). **15. Was there any codicil (altercations) done to the will?
  16. Was the testator personally present at the registrar’s office along with witnesses?
  17. Was the will registered after death of the testator, by the executor?
  18. Where was the will kept after registration?
  19. Who all were named in the will?
  20. Was there only one will?
  21. Was there any doctor/advocate present during signing of will?
  22. Did Mr. Sunil or Suchit actively participated in or initiated the procurement of the Will
  23. What was the language of the will?
  24. How were the terms between Mr Rao and Sunil and Suchit?
  25. Was the making process recorded?
  26. Who is the executor of the will?**