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Report No. 110

VI. Domicile of Origin

5.24. Section 6-Recommendation to add specific Explanation to section 21.-

This takes us to section 6. Section 6 provides that a person can have only one domicile for the purpose of the succession to his movable property. The proposition laid down in the section seems to have been based on an earlier English case1. As enacting a general rule, the section is unobjectionable. However, the section assumes that a person will have in mind a definite place as his domicile.

Domicile is generally linked with permanent residence. Now the question that arises in this position is that, if a person has two or more permanent residences-a rare but not inconceivable situation-and the issue of domicile becomes material for the purpose of the law of succession, how is his domicile to be determined?

1. Somerville v. Somerville, 5 Ves 750 (786).

5.25. Recommendations to amend section 19.-

Though section 6 does not address itself to this aspect, yet it is an aspect which cannot be overlooked. Our recommendation in this context would be to provide that where it is difficult to determine the domicile of a person by reason of the fact that he has two or more places of permanent residences, the place where he last permanently resided shall be the place of his domicile. Section 19 seems to be the appropriate place1 for carrying out this object, and we recommend that an Explanation should be added to that section for the purpose.

1. Section 19 to be amended.

The Indian Succession Act, 1925 Back

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