Conditional will - how to?

Dear Ravi,

As per the condition of the Will, if third Son lives in India, he will have share, if not his other two sons, who live in india shall share the said land and in terms of the Will, the sons who were living in india will acquire the property and pursuant to their death, their children are titled to share the same.

If so far the two sons who lived in india failed to get their names mutated in the records, then their legal heirs have to file a suit for declaration of title in terms of will and being legal heirs of those two sons.

Thank you for your considered response, Mr. Narasimha.

From your advise, filing a suit asking for declaration of title in terms of will settles this for the legal heirs.

Is the death certificate of the son that settled in england proof enough for the courts to act? 

Dear Ravi,

Yes, normally u make the legal heirs  of Third Son  as parties to the suit for declaration as respondents.

Burden lies on the legal heirs to prove that their father settled in India before his death and basing on their evidence your case depends. 

Excellent answer for my situation. Thank you Mr. Narasimha. It gives me clarity and making the legal heirs of the Third son as parties makes good sense giving them an opportunity to contest and placing the burden of proof on them.

Excellent answer for my situation. Thank you Mr. Narasimha. It gives me clarity and making the legal heirs of the Third son as parties makes good sense giving them an opportunity to contest and placing the burden of proof on them.