Domicile Under the Indian Succession Act, 1925: The Anchor of Succession Law
How Domicile Determines Succession to Property
Rules for Origin, Acquisition, and Continuance of Domicile
By Vishwas Kumar
New Delhi: April 15, 2026:
The Indian Succession Act, 1925 devotes an entire part to the concept of domicile, recognizing it as the decisive factor in succession to property. While intestate and testamentary succession are broadly governed by personal laws, domicile rules provide clarity in cross-border or multi-jurisdictional inheritance disputes. The Act carefully distinguishes between immovable and movable property, and between domicile of origin, domicile of choice, and continuance of domicile.
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Applicability
Section 4 makes clear that this part does not apply to Hindus, Muslims, Buddhists, Sikhs, or Jains, whose succession is governed by their respective personal laws. The domicile provisions primarily apply to Christians, Parsis, and others subject to the Act.
Succession Rules
- Immovable property: Succession is regulated by the law of India if the property is situated in India, regardless of where the deceased was domiciled.
- Movable property: Succession is governed by the law of the country where the deceased was domiciled at the time of death.
This distinction is crucial. For example, an Englishman domiciled in France who dies in India will have his movable property succession governed by French law, but his immovable property in India will be governed by Indian law.
One Domicile Rule
Section 6 establishes that a person can have only one domicile for succession to movable property. This prevents conflicting claims across jurisdictions.
Domicile of Origin
- Legitimate children: Domicile of origin is the father’s domicile at the time of birth.
- Illegitimate children: Domicile of origin is the mother’s domicile at the time of birth.
- Posthumous children: The father’s domicile at the time of his death governs.
This ensures that every individual begins life with a clear domicile, which continues until a new domicile is acquired.
Acquisition of New Domicile
Section 10 defines acquisition of a new domicile as taking up fixed habitation in a country different from the domicile of origin. Importantly, mere residence for employment, government service, or temporary purposes does not amount to domicile. Intention to reside permanently is key.
Illustrations in the Act clarify scenarios:
- A barrister settling in India intending lifelong residence acquires Indian domicile.
- A person residing temporarily for winding up business does not acquire domicile.
- Refugees compelled by political events do not acquire domicile unless they later decide to settle permanently.
Special Mode of Acquiring Domicile
Section 11 allows acquisition of domicile in India by filing a written declaration in a designated office, provided the person has resided in India for one year. This statutory shortcut provides certainty in cases where intention might otherwise be disputed.
Continuance and Change
- Section 9: Domicile of origin continues until a new domicile is acquired.
- Section 13: A new domicile continues until the former domicile is resumed or another acquired.
Thus, domicile is not fluid; it requires clear intention and permanence.
Domicile of Minors and Women
- Minors: Their domicile follows that of the parent from whom they derived origin, except if married, employed in government service, or engaged in distinct business with parental consent.
- Women: By marriage, a woman acquires her husband’s domicile. During marriage, her domicile follows his, except if separated by court decree or if the husband is undergoing transportation.
Lunatics
Section 18 provides that lunatics cannot acquire new domicile independently; their domicile follows that of another person.
Succession in Absence of Proof
Section 19 ensures that if a person dies leaving movable property in India and no other domicile is proved, succession is regulated by Indian law. This prevents uncertainty in cases where domicile is disputed or unclear.
Precedent Value
The domicile provisions are frequently cited in cross-border succession disputes. They establish:
- Clear distinction between immovable and movable property.
- Importance of intention in acquiring domicile.
- Protection against frivolous claims of domicile change.
- Certainty in succession when domicile is unproven.
For lawyers, these rules are critical in petitions involving foreign nationals, expatriates, or Indians with overseas ties. They provide a statutory framework that balances personal law with international private law principles.
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OF DOMICILE
4. Application of Part. — This Part shall not apply if the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina.
5. Law regulating succession to deceased person’s Immovable and moveable property, respectively. –
(1) Succession to the Immovable property in [1][India], of a person deceased shall be regulated by the law of 2[India], wherever such person may have had his domicile at the time of his death.
(2) 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.
Illustrations
(i) A, having his domicile in 2[India], dies in France, leaving moveable property in France, moveable property in England and property, both moveable and Immovable, in 2[India]. The succession to the whole is regulated by the law of 2[India].
(ii) A, an Englishman, having his domicile in France, dies in 2[India] and leaves property, both moveable and Immovable, in 2[India]. The succession to the moveable property is regulated by the rules which govern, in France, the succession to the moveable property of an Englishman dying domiciled in France and the succession to the Immovable property is regulated by the law of 2[India].
6. One domicile only affects succession to moveables. — A person can have only one domicile for the purpose of the succession to his moveable property.
7. Domicile of origin of person of legitimate birth. — 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; or, if he is a posthumous child, in the country in which his father was domiciled at the time of the father’s death.
Illustration
At the time of the birth of A, his father was domiciled in England. A’s domicile of origin kiln England, whatever may be the country in which he was born.
8. Domicile of origin of illegitimate child. — The domicile of origin of an illegitimate child is in the country in which, at the time of his birth, his mother was domiciled.
9. Continuance of domicile of origin. — The domicile of origin prevails until a new domicile has been acquired.
10. Acquisition of new domicile. — A man acquires a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin.
Explanation. — A man is not to be deemed to have taken up his fixed habitation in [2][India] merely by reason of his residing therein [3][the civil, military, naval or air force service of Government], or in the exercise of any profession or calling.
Illustrations
(i) A, whose domicile of origin is in England, proceeds to 1[India], where he settles as a barrister or a merchant, intending to reside there during the remainder of his life. His domicile is now in 1[India].
(ii) A, whose domicile is in England, goes to Austria and enters the Austrian service, intending to remain in that service. A has acquired a domicile in Austria.
(iii) A, whose domicile of origin is in France, comes to reside in 1[India] under an engagement with the Central Government for a certain number of years. It is his intention to return to France at the end of that period. He does not acquire a domicile in 1[India].
(iv) A, whose domicile is in England, goes to reside in 1[India] for the purpose of winding up the affairs of a partnership which has been dissolved and with the intention of returning to England as soon as that purpose is accomplished. He does not by such residence acquire a domicile in 1[India], however, long the residence may last.
(v) A, having gone to reside in 1[India] in the circumstances mentioned in the last preceding illustration, afterwards alters his intention and takes up his fixed habitation in 1[India]. A has acquired a domicile in 1[India].
(vi) A, whose domicile is in the French Settlement of Chandernagore*, is compelled by political events to take refuge in Calcutta and resides in Calcutta for many years in the hope of such political changes as may enable him to return with safety to Chandernagore. He does not by such residence acquire a domicile in 1[India].
(vii) A, having come to Calcutta in the circumstances stated in the last preceding illustration, continues to reside thereafter such political changes have occurred as would enable him to return with safety to Chandernagore and he intends that his residence in Calcutta shall be permanent. A, has acquired a domicile in [4][India].
11. Special mode of acquiring domicile in India. — Any person may acquire a domicile in 1[India] by making and depositing in some office in 1[India] appointed in this behalf by the State Government, a declaration in writing under his hand of his desire to acquire such domicile; provided that he has been resident in 1[India] for one year immediately preceding the time of his making such declaration.
12. Domicile not acquired by residence as representative of foreign Government, or as part of his family. — A person who is appointed by the Government of one country to be its ambassador, consul or other representative in another country does not acquire a domicile in the latter country by reason only of residing there in pursuance of his appointment; nor does any other person acquire such domicile by reason only of residing with such first-mentioned person as part of his family, or as a servant.
13. Continuance of new domicile. — A new domicile continues until the former domicile has been resumed or another has been acquired.
14. Minor’s domicile. — The domicile of a minor follows the domicile of the parent from whom he derived his domicile of origin.
Exception. — The domicile of a minor does not change with that of his parent, if the minor is married, or holds any office or employment in the service of Government, or has set up, with the consent of the parent, in any distinct business.
15. Domicile acquired by woman on marriage. — By marriage a woman acquires the domicile of her husband, if she had not the same domicile before.
16. Wife’s domicile during marriage. — A wife’s domicile during her marriage follows the domicile of her husband.
Exception. — The wife’s domicile no longer follows that of her husband if they are separated by the sentence of a competent Court, or if the husband is undergoing a sentence of transportation.
17. Minor’s acquisition of new domicile. — Save as hereinbefore otherwise provided in this Part, a person cannot, during minority, acquire a new domicile.
18. Lunatic’s acquisition of new domicile. — An insane person cannot acquire a new domicile in any other way than by his domicile following the domicile of another person.
19. Succession to moveable property in India in absence of proof of domicile elsewhere. — If a person dies leaving moveable property in [5][India], in the absence of proof of any domicile elsewhere, succession to the property is regulated by the law of 1[India].
FAQs
Q1: Does domicile affect succession to both movable and immovable property?
Yes. Movable property succession depends on domicile at death, while immovable property in India is governed by Indian law.
Q2: Can a person have more than one domicile?
No. For succession to movable property, a person can have only one domicile.
Q3: How is domicile of origin determined?
For legitimate children, it is the father’s domicile at birth; for illegitimate, the mother’s domicile.
Q4: What is required to acquire a new domicile?
Fixed habitation in a new country with intention to reside permanently.
Q5: Is residence for employment enough to acquire domicile?
No. Temporary residence for service or business does not amount to domicile.
Q6: Can a woman’s domicile change on marriage?
Yes. By marriage, she acquires her husband’s domicile, unless already the same.
Q7: What about minors?
A minor’s domicile follows the parents, except if married, employed, or engaged in distinct business.
Q8: Can lunatics acquire new domicile?
No. Their domicile follows that of another person.
Q9: What happens if domicile is unproven?
Succession to movable property in India defaults to Indian law.
Q10: Why do lawyers cite these provisions?
Because they resolve disputes in cross-border inheritance, ensuring clarity and predictability in succession law.
FINAL NOTE:
The domicile provisions of the Indian Succession Act, 1925 remain a vital part of succession jurisprudence, anchoring inheritance rules in intention, permanence, and statutory clarity. They continue to be a powerful tool in resolving complex international succession disputes.
[1] Subs. by Act 3 of 1951, s. 3 and the Schedule for “the States”
[2] Subs. by Act 3 of 1951, s. 3 and the Schedule for “the States”
[3] Subs. by the A.O. 1950, for “His Majesty’s civil, military, naval or air force service”
* Now Chandernagore (formerly a French settlement) is a part of India.
[4] Subs. by Act 3 of 1951, s. 3 and the Schedule for “the States”