A property was purchased by a lady as per registered document during 1970.
Her husband had two wife
The secind wife son claims for this property that it was purchased by his father earning in her name as binami. This lady dies leaving her 4 sons and her husband .This property was divided among her 4 sons.
These sons enjoyed the property till 1989 and sells it collectively to another lady
This lady enjoys pledges and finally sells it to another person during 2006
unfortunately the patta transfer not done still in the name of one among the 4 sons
added to that the name of this deceased person and the son born to second lady is same
so the son born to another lady ckaims for this property
It was prived in the lower court that as per succession law the son born to another lady is not a legal heir under clause 1 of succession act 1956
The lower court,admitted and the judgement was degreed in favour of plaintiff and the defendant is the the son born to another lady
Now this son died and his legal heir filed appeal after judgement
Question is whether this appeal will be accepted by a higher court especially when they are not eligible as per Hindu succession act
All are Hindus