Domicile related issues are frequently involved while dealing with employment, succession, education, marriage and divorce and similar issues. Domicile is particularly relevant when legal rights and liabilities have to be decided that involve more than one legal jurisdictions.
Despite being such an important aspect, there is no set procedure to get a domicile certificate in India. In fact, there is no dedicated law of domicile in India as on date and legal issues of domicile are governed by different statutes, conflict of laws and common laws principles.
The basic principles regarding domicile are that:
(1) No person can be without a domicile.
(2) No person can at the same time for the same purposes have more than one domicile.
(3) An existing domicile is presumed to continue until it is proved that a new domicile has been acquired.
The law of domicile in India can be traced under the Indian Succession Act, 1925. The domicile under the provisions of the Act can be classified under the following categories:
(i) Domicile of origin,
(ii) Domicile of choice, and
(iii) Domicile by operation of law.
The domicile of origin cannot be lost as such. Even when a domicile of choice is acquired, the domicile of origin will remain in a suspended state. A domicile of choice can be abandoned by a person when he or she ceases to reside in a country and ceases to intend to reside there permanently
or indefinitely. When a domicile of choice is abandoned either a new domicile of choice is acquired, or the domicile of origin revives by operation of law.
Perry4Law Law Firm hopes that our readers would find this article and related links worth reading