partion suit

it's an ancestral property. a portion of land is sold to his daughter through a GPA( one of his son) and now another son sued suit for partition and cancel the sale deed where his father, brother(GPA holder) , sister and remaining legal heirs. can the son (GPA holder) sue a fresh suit for partition or can he counter claim in the same partition suit and he also willing to cancel the sale deed which is executed by him as GPA holder to his sister?