Domicile

Introduction

Domicile is an important concept in succession law as it helps determine which law applies to a person’s property after death. It connects a person to a particular country for legal purposes. The rules of domicile are especially relevant in cases involving property in different countries.

Meaning / Definition

Domicile means the place where a person has his permanent home and intends to stay.

• According to legal understanding: it is the place where a person lives with no present intention of leaving
• It is not defined in the Indian Succession Act but is explained through case law and sections

Modes or Types

Domicile of Origin (By Birth)

• Acquired at birth

Rules

• Legitimate child: takes domicile of father at the time of birth
• Posthumous child (born after father’s death): takes domicile of father at the time of his death
• Illegitimate child: takes domicile of mother at the time of birth

Domicile of Choice

• Acquired by a person by changing residence

Requirements

• Actual residence in a new country

• Intention to permanently stay there

• Both residence and intention must exist

• Mere long stay is not enough without intention

• Law presumes against change of domicile unless clearly proved

Domicile by Operation of Law

• Imposed by law in certain situations

Minor’s Domicile

• Follows the domicile of the parent from whom the child derived domicile

Exceptions

• Minor is married
• Minor has independent business with parent’s consent
• Minor is in government service

Married Woman’s Domicile

• On marriage, a woman acquires the domicile of her husband

Wife’s Domicile During Marriage

• Follows husband’s domicile

Exceptions

• When spouses are legally separated by court
• When husband is undergoing punishment (such as imprisonment)

Legal Rules on Succession

• Succession to movable property depends on domicile of the deceased at the time of death
• Succession to immovable property is governed by the law of the place where the property is situated (law of the land)

Example Rule

• If a person has property in different countries:
  • Movable property → governed by domicile
  • Immovable property → governed by local law of that country

Practical Example

A person domiciled in India dies in France, leaving movable property in France and England, and both movable and immovable property in India. The succession to movable property is governed by Indian law, while immovable property in India is governed by Indian law as per location.

Summary

• Domicile means permanent home with intention to stay
• It determines which law applies to succession
• Types include domicile of origin, choice, and by law
• Minor and married woman follow specific domicile rules
• Movable property follows domicile law
• Immovable property follows law of location