Alternative Dispute Resolution For Inheritance Disputes In India: A Cultural Shift?

Jhanvi Jain, O.P. Jindal Global University

ABSTRACT

Alternative Dispute Resolution or the process of solving and settling cases outside the traditional Judicial Process is a fast-emerging alternative to traditional judicial litigation. While the concept itself is in no manner new to Indian Law, its adoption and relevance in various fields of law particularly in Family Law are beginning to break through the mould.

Familial Disputes, notably involving Hindu Marriages have traditionally been complicated and largely judicial affairs. The ability to take this setting and place it in a scenario where the parties can sit, speak with each other or through their advocates and work towards a goal-oriented and amicable solution not only takes away significant burden from the already overworked judiciary but also enables disposal and solving of disputes in record time. Specifically, issues involving the inheritance of land or the devolution of property through will or otherwise are landmark developments that enable ADR as a process to further solidify itself as a contender and an active replacement to the traditional judicial process.

The goal of this paper is to review the recent developments of ADR in Family Law with a focus on inheritance disputes and examine its viability and possible use in multi-generational or multi-party inheritance disputes. Its viability largely depends on the parties involved and is typically considered on a case-by-case basis but legislation and legislative push towards ADR has created a niche but very relevant use case for these developing branches of extra-judicial processes.