Domicile | Family Law - CLAT PG PDF Download

Application of Part

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.

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.

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.