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Law Of Domicile

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By Author: Praful G
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Domicile, with respect to individuals, refers to the place where an individual makes his or her permanent home. The place where a person makes his or her permanent home governs his or her personal law. Everyone has a domicile and everyone has only one domicile at a time. Domicile is a district from nationality or residence.

Domicile is the country in which a person is said to have his permanent residence. In terms of domicile, residence does not relate to the physical aspect of maintaining a house or residence.


It more so relates to the intention of a person to remain at a place forever unless circumstances should occur to change his or her intentions. Hence, maintenance of a residence or home does not serve to establish domicile, though it could add credence. For instance, if an Indian person moved to the USA temporarily on an H1B visa for employment purposes, his or her domicile would continue to be India, as the permanent residence of the person is still India.

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:
• Domicile of origin
• Domicile of choice
• Domicile by operation of law

Definition of Domicile:
The permanent residence of a person; a place to which, even if he or she were temporarily absent, they intend to return.

Importance of Domicile:

• Domicile act as a connecting factor for various legal systems.

• Domicile can be used as a jurisdictional link which is a pre-requisite for the assumption of jurisdiction by the forum or for recognition and assumption of a foreign court’s jurisdiction.


• Domicile determines an individual’s right to vote, his right to hold public office, his entitlement to support in respect of various needs such as ill-health or unemployment and his liability to various forms of taxation.

• There is no person without a domicile because it is necessary to connect a person with some legal system to regulate his legal relationships.

Tags:
Domicile, Law Of Domicile, Domicile of India, Domicile Certificate, immigration law, legal service,

To read more articles, please visit: https://www.legalraj.com/articles-details/law-of-domicile

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