Can Plaintiff File Partition Suit In Absence Of Documents Of The Property

My father and his other two brother underwent partition through meet & bounds (approx 40 years ago) and some of the lands were left in common to get it partitioned in future. All the the original papers along with land descriptions are with the eldest brother and when now my father has asked him for the documents, he has flatly refused to give the same.He is not even consenting to proceed for further partition of the properties which were left in common earlier. The property is situated in Madhubani,Bihar. Pease suggest what all reliefs my father can seek to retain his interests. In case he chooses to file partition suit, what shall be done to the properties which has already been sold by my father.