Partial partition

S N Singh (Querist) 10 October 2013 This query is : Resolved
Dear Sir,

I have filed suit for partition of property of my grandfather. My Grandfather has four sons SON1, SON2, SON3 and SON4.
The partition suit is filed for the individual property of Grandfather at Lucknow by one Grandson and descendants of SON2, SON3 and SON4 have no objections to it.
There is some ancestral property of Great Grand Father GGF in Varanas. Great Grandfather has four sons GF1, GF2, GF3 and GF4. In the ancestral property of Great Grandfather GF1, GF2, GF3 and GF4 are sharer along with their descendants.
One Grandson has objected to the partition of individual property of GF3 at Lucknow on the grounds of partial partition.
My lawyer has contended that I want partition of individual property of GF3 which is in Lucknow and it has no connection with the property inherited by GF3 from GGF as in both the cases the sharers are not the same. The property of GGF is at varanasi.
Also the division of the property of GGF is already done and all the land is sold by the descendants including the grandson who objected to the partition. Only a house is remaining in which descendants of GF1 and GF2 live. The names of all the descendants of GGF is also entered in the nagar nigam register as co-owners of this house.
I am not a lawyer therefore I have tried to explain the case in simple language.
I want to know that is this a case of partial partition.

Thanks & Regards,
S N Singh

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Raj Kumar Makkad (Expert) 10 October 2013
Such situation cannot be designated as a partial partition as the property of Varansi ha nothing to do with the present property and that property is separate.