my brother has filed a declaration and partition suit claiming our fathers property to be HUF because our grandfather has invested money in the property. Our grandfather and father has passed long back. the grandfather has died inestate while our father had a will. All the grandfather's and father's property has been devolved to me in the will. My brother has filed the suit on father's property only but has not claimed any right or partition of grandfather property (which is situated in our village). Now if he has not claimed partition and right of the ancestral property and has filed suit on only one property, does the case can be rejected for partial partition? does he have to claim all the ancestral property in the suit for maintainable suit?
