Concept of Domicile

CONCEPT OF DOMICILE
Sudeep Kumar Mishra (1882109)

Ankit Chopra (1882141)
Ankit Mohanty (1882142)
What is Domicile?
When a person with the intention to settle in a country for

an indefinite period of time reside in country making it as a
permanent home shall be treated that the person is
domicile to that country or to that place.
IMPORTANCE OF DOMICILE!!!
• Domicile as a document carries with it a very important role in the life of an individual living in the world forum. An individual who
chooses his/her domicile is subjected to a lot of legal consequences and implications of the concept of domicile. It often determines
(i) jurisdiction to assess state income and death taxes;
(ii) Primary jurisdiction to probate wills and administer estates; and
(iii) Judicial jurisdiction over an individual. Domicile also determines whether and where a person may exercise various legal rights
and privileges, such as voting. Some of the Important consequences of a person or an individual having a domicile are:
• • A domicile of a person or an individual decides the marriage law applicable to each participant on the basis of his/her domicile.
CONCEPT AND PRINCIPLES OF
DOMICILE
• No person can be without a domicile;
• No person can at the same time have more than one domicile;
• An existing domicile is presumed to continue until it is proved that a new domicile has
been acquired;
• Domicile denotes the connection of a person with a territorial system of law.
No person can be without a domicile:
• This rule is based upon the practical necessity of connecting every person
with some legal system by which questions affecting his family relations and
family properties are to be determined. “It is a settled principle”. In case of
Udnv vs. Udny “that no man shall be without a domicile, and secure this
result the law attributes to every individual as soon as he is born, the domicile
of his father, if the child is legitimate and the domicile of mother if
illegitimate this has been called the domicile of origin and is involuntary.
A person cannot have more than one
domicile
• Main object of this rule is the same as that of the first time to connect a
person with a definite legal system. Domicile signifies connection with a
territorial subject to a single legal system of law. What is sometimes called a
“law district”. Like a federal state where the legislative authority is
distributed between central and state legislatures, the law district is, generally,
the state where the concerned person has established his home. Like
citizenship domicile is also one for the whole of India.
Presumption in favor of an existing domicile
• An existing domicile is presumed to continue until it is proved that a new

domicile has been acquired. Hence the burden of proving a change of
domicile lies invariable on those who allege that a change has occurred. If the
evidence adduced is conflicting or is not convincing, then the court has to
decide in favor of the existing domicile.
Domicile is determined according to English
law
• In a case involving foreign element, the question as to where a person is

domiciled is to be determined according to the English concept of domicile
and not according to foreign concept. In other words, for the purpose of
English Private International Law, domicile means domicile in the English
sense.
TYPES OF DOMICILE
• DOMICILE BY BIRTH
• DOMICILE BY CHOICE
• DOMICILE BY DEPENDENTS
Domicile of Origin:
• Which is the domicile assigned by law to a child when he is born? There are
two kinds of domicile, Domicile of origin and domicile of choice. Every
person is born with a Domicile of origin. It is a domicile received by him at
his birth. Hence, the domicile of origin, though received at birth, need not be
either the country in which the infant is born, or the country in which its
parents are residing, or the country to which its father belongs by race or
allegiance or the country of the infant’s nationality.
Domicile of Choice:
• Indian courts follow the common law rules. Which is the domicile which any person can
acquire? Every individual person can acquire a domicile of choice by combination of:
• (I) actual residence in particular place, and
• (II) intention to remain there permanently or for an indefinite period.
• Important for acquiring the domicile by choice.
Domicile of Dependents:
• Who are dependents? Children below the age of sixteen years, married women and
mentally disabled persons such as lunatics and idiots fall under the category of
dependents. But in case of law of domicile, dependents can also be categorized into
persons or individuals who are not able to acquire domicile by choice. Therefore, the
general rule is that the dependent individual acquires the domicile of dependence of
the individual he or she is dependent on. The domicile of a dependent can change if
the person the individual is dependent on changes his or her domicile.
Distinction between Domicile and Residence:
• Domicile is a person’s permanent place of dwelling and it is a legal

relationship between a person and a locality. It may or may not have the same
meaning as the term ‘residence’. Domicile involves the intent of an individual
whereas residence is something objective. Domicile basically consists of or is
based upon two major factors.i.e., intention of living and residence.
Residence is more of a temporary nature whereas domicile is more of a
permanent nature.
Distinction between Domicile and
Nationality:
• The term "Nationality" in general terms means a specific status of

membership which is conferred on an individual by a nation state. Fenwick
defines it as a bond which unites a person to a given state which constitutes
his membership in the particular state, which gives him a claim to the
protection of that state and which subjects him to the obligation created by
the laws of that state.

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CONCEPT OF DOMICILE

Sudeep Kumar Mishra (1882109)

When a person with the intention to settle in a country for

• An existing domicile is presumed to continue until it is proved that a new

• In a case involving foreign element, the question as to where a person is

• Domicile is a person’s permanent place of dwelling and it is a legal

• The term "Nationality" in general terms means a specific status of

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