Domicile and Succession Under Indian Law
Overview of Domicile and Succession Under Indian Law
The concept of domicile determines the legal framework applicable to an individual’s personal matters, such as succession and inheritance. Under Indian law, the principles of domicile are codified to ensure clarity in the regulation of both immovable and movable properties upon an individual’s death.
Key Provisions of Domicile
1. Applicability (Section 4)
The provisions do not apply to Hindus, Muslims, Buddhists, Sikhs, or Jains. These communities are governed by their personal laws concerning succession and inheritance.
2. Succession Laws (Section 5)
- Immovable Property: Governed by the law of India irrespective of the deceased’s domicile at the time of death.
- Movable Property: Determined by the law of the country where the deceased was domiciled at the time of death.
Illustrations:
- A person domiciled in India dies abroad. Succession to all their movable and immovable property will be governed by Indian law.
- A foreign national domiciled in another country dies leaving movable property in India. Succession is governed by the law of the foreign domicile.
3. Domicile Rules
- One Domicile for Movables (Section 6): A person can only have one domicile applicable to the succession of movable property.
- Domicile of Origin (Sections 7 & 8):
- Legitimate Children: Domicile is where the father was domiciled at their birth.
- Illegitimate Children: Domicile follows the mother’s domicile at the time of their birth.
4. Change of Domicile (Sections 9–13)
- Continuity (Section 9): Domicile of origin remains until a new domicile is acquired.
- Acquisition of New Domicile (Section 10):
- Requires a person to establish a fixed habitation in the new country with the intent to remain there permanently.
- Temporary stays or professional commitments in India do not suffice to acquire domicile.
Illustrations:
- A person moving to India for permanent settlement acquires an Indian domicile.
- Temporary stays, such as for employment or political refuge, do not alter domicile unless accompanied by intent to permanently reside.
- Special Mode (Section 11): A person can formally declare Indian domicile by depositing a written declaration after a year of continuous residence in India.
5. Domicile and Family (Sections 12–16)
- Foreign Representatives (Section 12): Ambassadors and their families do not acquire domicile by residing in India.
- Minors (Sections 14 & 17): A minor’s domicile follows that of their parent, except in cases where the minor is married or employed.
- Marriage (Sections 15 & 16):
- A wife generally assumes the husband’s domicile.
- Exceptions arise in cases of legal separation or if the husband is undergoing punishment such as transportation.
6. Special Cases
- Lunatics (Section 18): A person suffering from insanity cannot acquire a new domicile independently.
- Succession Without Proof of Domicile (Section 19): If no evidence of domicile elsewhere exists, movable property in India is governed by Indian law.
Significance
The law on domicile underlines the importance of intent and continuity in determining legal jurisdiction for succession. It provides clarity for cross-border inheritance issues and ensures that Indian law applies equitably in cases involving property located in India.
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