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Application of Part

Domicile | Family Law - CLAT PG

This part does not apply if the deceased was a Hindu, Muhammadan, Buddhist, Sikh, or Jaina.

Regulation of Succession to Property

  • Immovable Property: Succession is regulated by the law of British India, regardless of the deceased's domicile at the time of death.
  • Movable Property: Succession is regulated by the law of the country where the deceased had their domicile at the time of death.
  • Definitions:
    • Immovable Property: Includes land, incorporeal tenements, and things attached to the earth or permanently fastened to anything attached to the earth.
    • Movable Property: Means property of every description except immovable property.

Question for Domicile
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Which law regulates the succession of immovable property regardless of the deceased's domicile at the time of death?
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Section 5: Regulation of Succession

  • Immovable Property in India: Succession is regulated by the law of India, regardless of the deceased's domicile at the time of death.
  • Movable Property: Succession is regulated by the law of the country where the deceased had their domicile at the time of death.

Illustrations

  • Illustration (i): A person with an Indian domicile dies in France, leaving movable property in France, England, and both movable and immovable property in India. Succession to all is regulated by Indian law.
  • Illustration (ii): An Englishman domiciled in France dies in India, leaving both movable and immovable property in India. Succession to movable property is governed by French law for an Englishman, while immovable property succession is regulated by Indian law.

One Domicile Only Affects Succession to Moveable

A person can have only one domicile concerning the succession to their moveable property.

Domicile of Origin of Person of Legitimate Birth

  • The domicile of origin for a person of legitimate birth is determined by the country where their father was domiciled at the time of their birth.
  • If the person is a posthumous child, their domicile of origin is in the country where their father was domiciled at the time of the father's death.

Illustration

For example, if A's father was domiciled in England at the time of A's birth, A's domicile of origin is in England, regardless of the country of A's birth.

Domicile of Origin of Illegitimate Child

The domicile of origin for an illegitimate child is the country where the mother was domiciled at the time of the child's birth.

Continuance of Domicile of Origin

The domicile of origin remains in effect until a new domicile is acquired.

Acquisition of New Domicile

A person acquires a new domicile by establishing a fixed habitation in a country different from their domicile of origin.

Question for Domicile
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What is the domicile of origin for a person of legitimate birth?
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Introduction to Domicile in India

  • Domicile refers to a person's permanent legal residence.
  • In India, domicile can be acquired through various means, including residency and declarations.

Explanation of Domicile Acquisition

  • Merely residing in India for civil, military, or professional reasons does not automatically grant a person domicile in the country.
  • Domicile is determined by the individual's intention to make India their permanent home.

Illustrations of Domicile Scenarios

  • Example 1: A person from England moves to India and settles as a barrister or merchant, intending to live there permanently. This individual acquires Indian domicile.
  • Example 2: A person from England goes to Austria for work, intending to stay there indefinitely. This person acquires Austrian domicile.

Special Mode of Acquiring Domicile in India

  • Any individual can acquire domicile in India by submitting a written declaration of their intent to do so.
  • This declaration must be made to a designated office in India and requires the individual to have been a resident in India for the previous year.

Domicile Not Acquired by Specific Residences

  • A person representing a foreign government, such as an ambassador or consul, does not acquire domicile in the host country solely by virtue of their official residence.
  • Family members or servants residing with such representatives also do not acquire domicile in the host country by this means.

Continuance of New Domicile

  • A newly acquired domicile remains in effect until the individual resumes their former domicile or acquires a different one.

Minor's Domicile

  • The domicile of a minor follows that of the parent from whom the minor derived their domicile of origin.

Exception to Minor's Domicile

  • The domicile of a minor does not change with that of the parent if the minor is married, holds a government position, or has established a separate business with parental consent.
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FAQs on Domicile - Family Law - CLAT PG

1. What is the significance of domicile in the regulation of succession to property in India?
Ans. Domicile plays a crucial role in the regulation of succession to property in India as it determines the personal law applicable to an individual. The domicile of a person affects how their property is distributed upon death, as different personal laws (Hindu, Muslim, Christian, etc.) have distinct rules regarding inheritance and succession. Therefore, knowing one’s domicile is essential for understanding the legal framework governing the transfer of property after death.
2. How is the domicile of origin established for a person of legitimate birth in India?
Ans. The domicile of origin for a person of legitimate birth in India is established based on the domicile of their parents at the time of their birth. If a child is born to parents who have a specific domicile, the child automatically inherits that domicile. This principle ensures that the child remains connected to the family's legal and cultural roots, which can influence matters of inheritance and personal law.
3. What are the differences in the domicile of origin between legitimate and illegitimate children in India?
Ans. The domicile of origin for legitimate children is derived from the domicile of their parents at the time of birth. In contrast, for illegitimate children, the domicile of origin is determined by the domicile of the mother at the time of birth. This distinction reflects the legal recognition of parental relationships and impacts the rights of illegitimate children concerning inheritance and succession.
4. Can a person change their domicile in India, and what is the process involved?
Ans. Yes, a person can change their domicile in India. To change domicile, an individual must establish a new permanent residence in another place and intend to remain there. The intention to change domicile is crucial and can be evidenced by actions such as obtaining a voter ID, driver's license, or other legal documents that reflect the new residence. It is important to demonstrate a clear shift in both residence and intention to change domicile.
5. How does the concept of domicile impact the succession laws applicable to an individual in India?
Ans. The concept of domicile directly impacts the succession laws applicable to an individual in India because it determines which personal law governs the distribution of the individual's property upon death. Depending on their domicile, an individual may be subject to Hindu Succession Act, Muslim Personal Law, or other relevant laws. This affects the rights of heirs, the division of assets, and the overall legal framework for inheritance, making it important for individuals to understand their domicile status.
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