Domicile
Domicile refers to the place where a person has his permanent home. It is the place where a person has
voluntarily fixed his abode, not for a mere special or temporary purpose, but with the intention of making
it his permanent home. A person may have different types of domiciles, such as commercial, political, or
forensic, which can exist simultaneously in different localities.
Types of Domicile under the Indian Succession Act, 1925
I. Domicile by Birth or by Origin (Sec. 7-9)
1. Domicile of Origin
A domicile of origin is acquired by an infant at birth. If the child is legitimate, he gets the domicile of his
father's domicile at the time of his birth. If the child is illegitimate, he gets the domicile of his mother's
domicile.
2. Domicile of Person of Legitimate Birth (Sec. 7)
The domicile of origin of every person of legitimate birth is in the country where his father was domiciled
at the time of his birth. If the child is posthumous, it is the country where his father was domiciled at the
time of his death.
3. Domicile of Origin of Illegitimate Child (Sec. 8)
The domicile of origin of an illegitimate child is in the country where his mother was domiciled at the time
of his birth.
4. Continuance of Domicile by Origin (Sec. 9)
The domicile of origin continues until a new domicile has been acquired.
II. Domicile by Choice (Sec. 10-13)
1. Acquisition of New Domicile (Sec. 10)
A person acquires a new domicile by taking up his fixed habitation in a country different from his domicile
of origin.
2. Special Mode of Acquiring Domicile in India (Sec. 11)
A person may acquire a domicile in India by making and depositing a declaration in writing under his hand
of his desire to acquire such domicile, provided he has been resident in India for one year immediately
preceding the declaration.
3. Domicile Not Acquired by Residence as Representative of Foreign Government (Sec. 12)
A person appointed by the government of one country as its ambassador, consul, or other representative
in another country does not acquire a domicile in the latter country by residing there in pursuance of his
appointment. This also applies to family members or servants residing with such a person.
4. Continuance of New Domicile (Sec. 14)
A new domicile continues until the former domicile has been resumed or a new one has been acquired.
III. Domicile by Operation of Law (Sec. 14-18)
1. Minor’s Domicile (Sec. 14)
The domicile of a minor follows the domicile of the parent from whom he derived his domicile of origin.
The domicile does not change with that of the parent if the minor is married, holds employment in the
service of the government, or has set up a distinct business with the parent's consent.
2. Domicile Acquired by Woman on Marriage (Sec. 15)
By marriage, a woman acquires the domicile of her husband if she did not have the same domicile before.
3. Wife’s Domicile During Marriage (Sec. 16)
The wife’s domicile during her marriage follows the domicile of her husband. Exceptions include
separation by a court decree or if the husband is undergoing a sentence of transportation.
4. Minor’s Acquisition of New Domicile (Sec. 17)
A person cannot acquire a new domicile during minority except by operation of law.
5. Lunatic’s Acquisition of New Domicile (Sec. 18)
An insane person cannot acquire a new domicile in any other way; his domicile follows the domicile of
another person, such as a family member.
In summary, domicile is a crucial legal concept that determines the jurisdiction and applicable laws for a
person. The Indian Succession Act, 1925, provides detailed provisions for different types of domicile,
ensuring clarity and legal certainty.
