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Report No. 110

II. Domicile in the Scheme of the Act'

5.11. Background of sections 5-19 and scheme.-

It is in this background that the provisions of sections 5-19 relating to domicile were framed. These sections would appear to be almost the first attempt in the common law world to codify a difficult and elusive branch of law. In the Indian Succession Act, the concept of domicile is treated at length in the Part with which we are now concerned (sections 4 to 19). Section 4 having defined the application of this Part, section 5 enacts the basic rule relevant to "conflicts" law, namely, that succession to immovable property situated in India is regulated by the law of India, while succession to movable property is regulated by the law of domicile.

Various general modes of acquiring domicile are dealt with in sections 6 to 13, followed by provisions applicable to certain special situations or to particular classes of persons-such as determination of domicile in the case of minority, marriage and insanity. Finally, a practical rule is in rated in section 19, namely, succession to movable property is government Indian law, in the absence of proof of domicile elsewhere.



The Indian Succession Act, 1925 Back




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