what do you mean by domicile? discuss various mode of acquisition of domicile.

define domicile, discuss various provisions relating to domicile under Indian succession act 1925.
Introduction:
1. The term "domicile" is not defined in the Act. The domicile of a person is the place where he
has his "true, fixed, permanent home and establishment to which he intends returning".
2. Two things are, therefore, essential to constitute domicile — (1) Residence, and (2) Intention
of making it a home of the party.
Domicile under Article 5 of the Indian Constitution:
Article 5 of the Indian Constitution deals with domicile in the context of citizenship at the
commencement of the Constitution.
Thus, A person is entitled to domicile if he fulfils these three conditions:
(a) who was born in the territory of India; or
(b) either of whose parents was born in the territory of India; or
(c) who has been ordinarily resident in the territory of India for not less than five years immediately
preceding such commencement,
shall be a citizen of India.
The Indian law on succession to movable property of the deceased is based on English law, which
takes into consideration Lex domicili (Law of the Domicile) and not Lex situs (Law of the country
where the property is situated).
For example: If a person has movable property in England and property in India (both movable and
immovable), the succession to movable property will be governed by the law of the country of
domicile.
Kinds of Domicile:
1. Domicile by Birth (Sections 6 to 8)
2. Domicile by Choice (Sections 9 to 13)
3. Domicile by Operation of Law (Sections 14-18)
According to Section 5(1) of the Indian Succession Act, the succession to the immovable property
situated in India of a deceased person shall be regulated by the law of India, wherever such a person
may have been domiciled at the time of his death.
According to Section 5(2), the succession to the movable property of a deceased person shall be
regulated by the law of the country in which such a person had his domicile at the time of his death.
Illustrations:
(I) A, having his domicile in India dies in France, leaving movable property in France movable
property in England and property both movable and immovable, in India. The succession to the
movable property is regulated by the law of England, and the succession to the immovable property
is regulated by the law of India.
(ii) A, an Englishman, having his domicile in France, dies in India and leaves both movable and
immovable property in India. The succession to the movable property is regulated by the rules which
govern, in France, the succession to the movable property of an Englishman dying domiciled in
France, and the succession to the immovable property is regulated by the law of India.
1. Domicile by Birth
A person can have only one domicile for the purpose of the succession to his movable property
(Sec.6), which will be dealt with as per the law of the country of domicile.
According to Section 7, the domicile of origin of every legitimate person is in the country in which, at
the time of his birth, his father was domiciled; in the case of a posthumous child, the domicile is in
the country in which the 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
is in England, whatever may be the country in which he was born.
The domicile of origin of an illegitimate child is in the country in which, at the time of his birth, his
mother was domiciled (Section 8). This is because the paternity of an illegitimate child is not legally
acknowledged, so the domicile of the mother is attached to the illegitimate child.
2. Domicile by Choice
The domicile of origin prevails until a new domicile has been acquired (Section 9).
A new domicile is acquired by a person by taking up his fixed habitation in a country that is not his
domicile of origin. But a person is not deemed to have taken up his fixed habitation in India merely
by reason of his residing there in the civil, military, naval, or air force of the Government or in the
exercise of any profession or calling (Section 10).
Illustrations:
(i) A, whose domicile of origin is in England, proceeds to India, where he settles as a barrister,
intending to reside there during the remainder of his life. His domicile is now in 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 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 India.
Any person may acquire a domicile in India by making and depositing in some office in India,
appointed 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 India for one year immediately preceding the
time of his making such a declaration (Section 11).
A person residing in India as a representative of a foreign government does not acquire such
domicile (Section 12).
3. Domicile by Operation of Law
A minor's domicile follows the domicile of the parents unless the minor is married or holds any office
or is in the employment of the Government or has commenced a business with the consent of his
parents (Section 14).
A woman acquires the domicile of her husband after marriage (Section 15). Her domicile follows the
domicile of her husband during the existence of the marriage (Section 16). However, if she is
separated from her husband, her domicile does not follow that of her husband's. This also applies
when the husband is undergoing a sentence of transportation.
A person during his minority, lunacy, or insanity cannot acquire a new domicile by himself (Sections
17 & 18).
Conclusion
Domicile is a fundamental concept in personal law, significantly affecting how an individual's
personal matters, especially succession, are handled. The Indian Succession Act, 1925, provides
detailed provisions to address various situations related to domicile, ensuring that the correct legal
framework is applied in each case. Understanding these provisions is essential for determining the
applicable laws in matters of inheritance and personal status.