Understanding Domicile in Indian Succession Law

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The concept of domicile is central to succession law in India. Under the Indian Succession Act, 1925, which governs the devolution of property after the death of a person, domicile determines which law applies to a deceased person’s estate. While the Act provides uniform rules for succession, domicile helps decide which personal law or statutory rule is applicable in cross-border or multi-jurisdictional cases.

Understanding domicile is essential because it affects rights of heirs, distribution of property, and the applicability of statutory provisions.

What is Domicile?

Domicile refers to the country in which a person has their permanent home or intends to reside indefinitely. Unlike mere residence, domicile depends on both physical presence and intention.

Section 3 of the Indian Succession Act implicitly recognizes domicile when determining which personal law applies in intestate succession. The law ensures that the deceased’s estate is governed by the country of their permanent legal connection, rather than just temporary residence.

Sections 4 to 19: Foundational Provisions Related to Domicile

A brief overview of Sections 4–19 and their relevance to domicile:

1. Section 4 – General provisions for succession:
   • Establishes that succession to property is governed by the provisions of the Act, subject to domicile and religion.
   • Example: A Christian domiciled in India inherits property in India under Indian law, even if temporarily abroad.
2. Section 5 – Application to Hindus:
   • Explains that Hindu succession is governed by personal law and domicile may influence property distribution in intestate cases.
3. Section 6 – Application to Christians dying intestate:
   • Property devolves according to domicile at death.
   • Example: A Christian domiciled in India with property in England would have English property governed by English law, while Indian property follows Indian law.
4. Section 7 – Devolution of property of intestates other than Christians:
   • Reiterates the importance of domicile in determining succession rules for Parsis, Jews, and other communities.
5. Section 8 – Intestate property when deceased had multiple domiciles:
   • Provides rules to resolve conflicts when a deceased has property in multiple countries.
   • Example: Indian domicile governs Indian property; UK domicile governs UK property.
6. Section 9 – Civil status and domicile of deceased:
   • Clarifies that domicile depends on permanent connection and intent, not mere temporary presence.
7. Section 10 – Capacity to inherit:
   • Determines who can inherit, influenced indirectly by domicile because applicable law often depends on the country of domicile.
8. Sections 11–13 – Devolution rules and rights of heirs:
   • Specify that heirs’ rights are determined based on the law of the deceased’s domicile at death.
9. Section 14 – Succession in case of illegitimates:
   • Law of domicile affects inheritance rights for children born out of wedlock.
10. Sections 15–16 – Devolution in case of adoption and predeceased heirs:
    • Domicile can influence succession rights of adopted children or representation by predeceased heirs.
11. Sections 17–19 – Miscellaneous provisions:
    • Include rules regarding wills, appointments of executors, and disclaimers by heirs. Domicile determines which law governs these transactions for estates located across jurisdictions.

Types of Domicile

Indian law recognizes three types of domicile:

1. Domicile of Origin:
   • Acquired at birth, usually from the father.
   • Example: A child born in India to Indian parents temporarily living abroad retains Indian domicile of origin.
2. Domicile of Choice:
   • An adult can adopt a new domicile by residing in another country with the intention to remain indefinitely.
   • Example: An Indian moving to Canada for permanent settlement acquires a Canadian domicile of choice.
3. Domicile by Operation of Law:
   • Acquired automatically under statutory provisions, e.g., a minor child adopting the father’s domicile.

Judicial Interpretation of Domicile

Indian courts emphasize physical presence plus intent to determine domicile:

• Re: Vallabhdas Lallubhai (AIR 1929 Bom 115): Domicile of origin persists until a clear intention to adopt a new domicile is shown.
• Abdul Samad v. Union of India (AIR 1951 SC 89): Mere temporary residence abroad does not change domicile.
• Re: Foakes (1920) 2 KB 545): Domicile depends on the intent to make a place a permanent home, not just residence.

Practical Examples

1. Indian citizen in the USA:
   • Mr. Sharma moves to the USA for 10 years but intends to return. His domicile remains Indian, and Indian succession law governs his estate in India.
2. Permanent settlement abroad:
   • Ms. Mehta, originally from Mumbai, settles permanently in Canada. Her domicile shifts to Canada, and Canadian succession law governs her Canadian assets.
3. Mixed estate:
   • Mr. Das, domiciled in India, owns property in India and the UK. Indian law governs Indian property; UK law governs UK property, showing the territorial impact of domicile.

Conclusion

Domicile under the Indian Succession Act, 1925, is central to succession law, particularly in intestate cases. By combining physical presence with the intention to reside permanently, Indian courts ensure that inheritance laws respect both personal connections and territorial jurisdiction. Sections 4–19 lay the foundational framework, emphasizing domicile as a key factor in property devolution.

Understanding domicile is crucial for heirs and legal practitioners to avoid disputes, ensure smooth inheritance, and apply the correct law across jurisdictions. It is not merely a legal formality but a determinant of fairness and justice in succession matters.

References:

1. Indian Succession Act, 1925, Sections 4–19, 59–60.
2. Re: Vallabhdas Lallubhai, AIR 1929 Bom 115.
3. Abdul Samad v. Union of India, AIR 1951 SC 89.
4. Re: Foakes (1920) 2 KB 545.
5. R.K. Bangia, Law of Succession, 16th Edition, 2023.

Also Read : Introduction to the Indian Succession Act, 1925

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