suit for partition

Balamurugan (Querist) 10 January 2011 This query is : Resolved
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Hint 1: Son had filed a suit for partition against his father.
Hint 2: Properties are ancestral and self acquired by father via Aid of Indian Government in the year 1958 (Son was born in 1959).
Hint 3: Father is alive.
Hint 4: Since his father is alive, he could not seek suit for partition in self acquired property.
Hint 5: Injunction has been in force for both ancestral property and self acquired property.
Hint 6: Trial not commenced.

Q: Any citations available, to dilute the part of the injunction as self acquired property could not claim for partition in self acquired?

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R.Ramachandran (Expert) 10 January 2011
Dear Mr. Balamurugan,
When you say that some properties are ancestral, can you tell me on what basis you say that the same is 'ancestral'?

Devajyoti Barman (Expert) 10 January 2011
If the injunction is passed in a suit where both the anscestral and the self acquired are subject matter then self acquiired then the order would be binding upon both the properties and those could not be distinguished in interlocutory stage.