TSHERING DOMA GYALTSEN Vs. RACHHITA RAI

JUDGEMENT

(1.) The present petition is filed under Sec. 301 of the Indian Succession Act, 1925 for appointment of a successor to administer the estate and properties in Probate of Will Case No.4 of 2023 pending before the Court of the learned Principal District Judge, Gangtok. Sec. 301 of the Indian Succession Act, 1925 reads as under:

(2.) The petition was filed on 16/9/2024. Although numerous grounds have been pleaded and agitated by the learned counsel for the petitioner, on 18/8/2025 the respondent No.1 who was the executor submitted that due to her health issues this Court could appoint a successor in her place and if that is done she would have no objection to the same.

(3.) The respondent No.1 is personally present in Court today.