In this article we shall apply the concept of domicile under the Indian Succession act to decide succession of movable property and immovable property.

Problem 01:

A, born of British parents in England in 1854, came to India in 1880 to serve as a missionary and except for visits to England on leave for six months in 1888, 1894, 1901, 1907, 1917, 1914 and 1920, he lived in Calcutta continuously for 52 years until his death in 1933. A died intestate leaving movables in India and England, and immoveable property in England. By which law mull the succession to the different properties left by A be regulated

Solution:

According to Section 5(1) of the Indian Succession Act, 1925, succession to the immoveable property in India, of a person deceased shall be regulated by the law of India, wherever such person may have had his domicile at the time of his death and according to Section 5(2) of the Act, the succession to the moveable property of a person deceased is regulated by the law of the country in which such person had his domicile at the time of his death.

A person acquires a domicile of choice when he resides in a country. other than his domicile of origin with the intention of residing there permanently or indefinitely. In this case, it appears that A did not have a definite intention to return to England, and that he came to India to stay indefinitely. Hence, he can be said to have acquired Indian domicile. Succession to his moveable property in England and India will, therefore, be governed by Indian law, and to his immoveable property in England by English law

Problem 02:

E, an Englishman, having his domicile of origin in England, came to India for the purpose of winding up his business and with the intention of returning to England as soon as that purpose is accomplished. His residence, however, lasts ten years or more Does F acquire a domicile in India by his long residence

Solution:

A person acquires a new domicile when he resides in a country, other than his domicile of origin, with the intention of residing there permanently or indefinitely. Here, the Englishman intends to return to England as soon as his purpose is accomplished The fact that he stays in India for ten years or mow makes no difference, because howsoever long his residence in India may lie he has an intention of returning to England. He, therefore, does not acquire a domicile in India.

Problem 03:

X, having his domicile in India. dies in France in an accident, leaving behind his car, a gold watch, and expensive clothes in France. He also has money in several banks in India. How would the succession to his various properties be regulated?

Solution:

According to Section 5(1) of the Indian Succession Act, 1925, succession to the immoveable property in India, of a person deceased shall be regulated by the law of India, wherever such person may have had his domicile at the time of his death and according to Section 5(2) of the Act, the succession to the moveable property of a person deceased is regulated by the law of the country in which such person had his domicile at the time of his death.

The car, the gold watch, and expensive clothes is movable property. Thus, under S. 5 of the Act, the movable property of a deceased is regulated according to the law of the country in which he was domiciled at the time of his death. Hence, in this case, succession to all the property of X (when is movable in nature) will be regulated by Indian Law, the law of the country of his domicile.

Problem 04:

A, an Englishman, having his domicile in France, dies in India and leaves property, both movable and immovable in India.

• Which Country’s law will be applicable to the movable property of diseased with respect to the subject of succession?
• The succession to immovable property is regulated by which country and law?

Solution:

According to Section 5(1) of the Indian Succession Act, 1925, succession to the immoveable property in India, of a person deceased shall be regulated by the law of India, wherever such person may have had his domicile at the time of his death and according to Section 5(2) of the Act, the succession to the moveable property of a person deceased is regulated by the law of the country in which such person had his domicile at the time of his death.

Thus in this case, the movable property of the deceased gets devolved as per the Law of France and the immovable property will be devolved under the Indian Succession Act, 1925.

Problem 05:

India’s Ambassador to Russia marries a girl of Russian domicile. A child is born to them at Moscow. What will ’be domicile of the child?

Solution:

Domicile of origin or domicile by birth comes into existence as soon as the child becomes an independent person by birth. There are three cases of domicile acquired by the origin. When a child takes birth, he is either legitimate, or illegitimate, or posthumous. According Section 7 of the Indian Succession Act, 1925 the domicile of origin of every person of legitimate birth is in the country in which at the time of his birth his father was domiciled.

The domicile will be ’domicile of origin’, i.e., the domicile of the father at the time of birth of the child. By being India’s Ambassador in Russia, the father retained his Indian domicile (as he had presumably no intention to settle down in Russia). So, the child will have an Indian domicile. The place of birth of the child is not relevant.