Promoters & Family Disputes

Various large businesses and conglomerates in India today, started as small family run businesses. Such family run businesses also held the family assets. These also include joint Hindu family businesses, a type of organization unique to India.

While these businesses have eventually turned into large private and public listed companies, managed by professionals, the family members remain promoters of the companies, having a significant controlling stake therein. Such businesses not only encounter complex commercial and legal issues but are also affected by personal aspirations and dynamics of family members towards the business as well as the family assets.

The firm has a unique practice vertical that specializes in advising and representing promoters and large families in respect of various aspects of family disputes. These include litigations and disputes before various fora in India, mediation/conciliation, family settlements, and shareholder matters. The team is experienced in providing holistic advice and assistance in curating the entire strategy for dispute resolution and settlement, as well as, dealing with the legal and commercial issues that may arise in a family dispute.

Areas of practice

• Pre-dispute strategy: We advise on formulating the entire pre-litigation strategy for large family disputes, promoters of large private and public listed companies and high-net-worth individuals. We carefully craft strategies keeping in mind the commercial as well as legal aspects pertaining to the companies and individuals involved. This includes consideration of relevant aspects of the company laws, SEBI laws (in case of public listed entities), and family laws in India, as amended from time to time.
• Litigations/disputes: The firm advises and represents clients in pending and new litigations before various fora in India and endeavours that dispute resolution is holistic, strategic in order to protect the rights of the clients in the family assets and commercially viable.
• Family settlements: Increasingly, courts in India relegate family disputes/litigations to alternate dispute resolution (ADR) mechanisms, especially mediation or conciliation, for amicable and expeditious resolution of such disputes. Further, families engaged in long pending litigations now prefer ADR mechanisms, for speedy and amicable resolution of disputes as well as to maintain the integrity of the family reputation. The firm advises and represents various individuals and family branches in such ADR mechanisms and family settlements across India, including by arbitration, mediation, or conciliation.

Services Offered

Our services include:

• Drafting letters, notices, correspondence, and other documents involved in the pre-litigation stage of family disputes and advising on the overall strategy in respect thereof.
• Drafting of family settlement agreements and assisting in negotiation and execution thereof.
• Drafting and assisting in filing various pleadings and other related documentation in pending and new litigations before courts and quasi-judicial authorities across India.
• Representing before courts, mediators, conciliators or arbitrators for litigations and or settlements, respectively, and advising on the overall strategy in respect of the same.