Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Samir N (General Queries) (Business)     13 January 2020

Is the definition of "domicile" same across all states?

I want to know some definitive source for defining "Domicile" in India.

Is it different for different states? Specifically, what is it for Goa?

If a person was born in New Delhi,  lived in U.K for 20 years, acquired U.K. citizenship, then came back to Goa and lived in Goa for 10 years with the intent to return to U.K.  He continues to hold U.K. citizenship.  He never filed any declaration to change his domicile. His parents were born in Goa.  He has two sons - both were born in U.K. and now live in U.K.  Any more details required? 

Question: what domicile does he now carry?  When did it change, if it indeed changed? 



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 6 Replies

Sb Karma   14 January 2020

Originally posted by : Samir N (2HelpU)
I want to know some definitive source for defining "Domicile" in India.

Is it different for different states? Specifically, what is it for Goa?

If a person was born in New Delhi,  lived in U.K for 20 years, acquired U.K. citizenship, then came back to Goa and lived in Goa for 10 years with the intent to return to U.K.  He continues to hold U.K. citizenship.  He never filed any declaration to change his domicile. His parents were born in Goa.  He has two sons - both were born in U.K. and now live in U.K.  Any more details required? 

Question: what domicile does he now carry?  When did it change, if it indeed changed? 

 

 

please go through details via goa govt website for domicile details in follow.....

https://goaonline.gov.in/Appln/Uil/DeptServices?__DocId=REV&__ServiceId=REV03

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     14 January 2020

You were born in India's d you are an Indian. By virtue of your living abroad, you have become Non Resident I dian. Your Children having been born in UK, are Overseas Citizens of India. You can apply for OCI Cards for them.

P. Venu (Advocate)     14 January 2020

To my knowledge, a UK citizen can claim to be domiciled in any part of this country. What is the context of this query?

Dr J C Vashista (Advocate)     15 January 2020

You have acquired citizenship in UK after relinquishing Indian citizenship, isn't it? If so, you are citizen of UK and a NRI.

Consult a local prudent lawyer for better appreciation of facts / documents, professional guidance and proceeding.

 

P. Venu (Advocate)     15 January 2020

In my above posting 'can' may kindly be read as 'cannot'. The lapse is regretted. With the correction, my suggestion is on the following lines:

To my knowledge, a UK citizen cannot claim to be domiciled in any part of this country. What is the context of this query?

 

T. Kalaiselvan, Advocate (Advocate)     19 January 2020

A person is said to have domicile in a country in which he/she is considered to have his/her permanent home. ... The Indian Succession Act, 1925 provides that succession to immovable property in India is to be regulated by the law of India whenever a person has domiciled in India during his/her time of passing away.

Your domicile is defined as the place where you make your permanent home and where you are considered to be a permanent resident. An example of your domicile is the home state where you live.

An independent person can acquire a domicile of choice by changing his/her residence with an intention to make that residence his/her permanent residence. A domicile of choice is a self acquired domicile. It is a domicile which a person chooses to replace his/her former domicile. ... Domicile of Choice is presumed by law.


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