A files a suit for partition in the High Court of Delhi against her brother B. B relies upon a Will…

In a partition suit, a party relying on a Will may prove its genuineness and validity like any other disputed document, and the court frames an issue on it. Probate was compulsory under sections 57 and 213 of the Indian Succession Act, 1925 only for Wills made in, or relating to immovable property in, the former presidency towns, not for a Will in Delhi, so "An issue will be framed as to the genuineness and validity of the Will, which 'B' can establish without seeking probate". B need not file a counter-claim or a separate petition for probate, and the suit is not stayed.

Current law: section 213 was omitted by the Repealing and Amending Act, 2025, so probate is no longer compulsory anywhere, though a disputed Will must still be proved.