INTRODUCTION

Meaning and Definition of Domicile

The criterion of domicile serves as a fundamental link between an individual and a specific legal system in matters of personal status and succession across all countries following the Common Law tradition. This is particularly significant in conflict of law situations, where it determines the applicable legal framework for the inheritance of movable property or the marital capacity of a person residing in or holding citizenship of another country.[1]

Domicile is a general legal concept that describes the country where you consider your “roots” or where you have your permanent home. The domicile of a person or an individual is generally applicable to the whole country and not only a part of it. It is a common law principle that no person can be without a domicile. A person cannot have more than one domicile at a given time. The concept of domicile per se differs from nation to nation depending on the jurisdiction of the country and the principles it follows.[2]

Significance of Domicile

As a document, domicile plays a crucial part in a person’s life living in the world forum. There are numerous legal ramifications and implications associated with the concept of domicile.

It frequently establishes:

• Primary jurisdiction to manage estates and probate will
• Jurisdiction to assess state income and death taxes;
• Judicial jurisdiction over an individual.[3]

 A person’s domicile also affects their ability to exercise some legal rights and privileges, like voting.[4]

Important consequences of a person or an individual having a domicile are:

• A domicile of a person decides the marriage law applicable to each person on the basis of his/her domicile
• Divorce is only applicable to individuals or parties who have a domicile.
• The interpretation of a person’s will be determined by the legislation of their domicile.
• Tax issues come into the picture only after determining the domicile of an individual.

Principles that govern the law of domicile

No person or individual can exist or stay without a domicile

This principle is based on the idea that every person must be linked to a specific legal system to regulate their conduct by assigning them to a set of laws. While an individual is free to choose a new domicile, no one has the freedom to be without one. A domicile is established at birth: if the child is legitimate, it follows the father’s domicile, and if illegitimate, it follows the mother’s domicile.

No person can simultaneously have two domiciles

One of the fundamental principles of domicile is that a person cannot have two domiciles at the same time. This principle is based on the idea that domicile binds an individual to a particular set of laws, and allowing more than one would defeat its very purpose of regulating legal status and conduct. The Indian Constitution only recognizes one domicile for one person.[5]

The basic aim of domicile is to associate an individual with a territorial system of law

A person’s domicile refers to the legal framework that governs them, and when we discuss a nation’s domicile, we presume that the same legal framework governs the entire nation. [6] However, it is possible that different regions of a state may have different rules pertaining to succession and marriage, and that these laws may not be uniform throughout the nation. In that scenario, each region with its own unique system of laws would be considered a nation for the purposes of domicile.[7]

The presumption is always made in favour that the existing domicile always continues

The fourth principle states that unless it is proven that a person has acquired a new domicile, it will be presumed that their existing domicile continues. The burden of proof lies on the party asserting the change. However, few jurists argue that the burden of proof is subject to change depending on the kind of the domicile.[8]

Distinction between Domicile and Nationality

Nationality is a political and legal bond between an individual and a state, conferring rights (such as protection abroad) and obligations (such as loyalty). It may be acquired by birth, descent, naturalisation, conquest, or resumption, and can be lost by renunciation, deprivation, or long residence abroad.

Domicile, in contrast, is based on residence and intention to remain permanently in a place. While nationality is relatively stable, domicile can change with intent and residence, making it more relevant for personal legal matters.

Why is Nationality important?

A person’s nationality grants them some rights that they can exercise internationally. Loyalty to a particular nation, the ability of the nation to decide whether to extradite its own citizens in the event of a dispute, the ability to use a state to assess an individual’s enemy character, the state’s jurisdiction over all of its citizens are some advantages of having a nationality. One can obtain state-specific nationality in the following ways:

By Birth

This kind of nationality is conferred upon the individual or the person by way of his/her birth in that particular nation.

By descent (Based on family ties)

This kind of nationality is conferred upon an individual by the form of descent from one of its own nationals.

By the process of naturalisation

This kind of nationality can be conferred upon the individual or the person by way of adoption, marriage, government job appointment, etc.

By way of subjugation

A person may acquire nationality through subjugation after the conquest. When another state subjugates the part of a state, the inhabitants of that state become the nationals of the later state.[9]

By way of registration of resumption

This kind of nationality is conferred when an individual is born as a natural subject of the state but, because of some cause, loses his/her nationality. They can regain their nationality by fulfilling certain conditions again.

Similarly, loss of nationality can occur due to the following reasons:

• By way of renunciation
• By way of deprivation
• By way of long residence in another state

Domicile denotes a person’s permanent home and legal residence, while nationality signifies their political and legal bond with a state, conferring both protection and obligations.[10]

Kinds of Domicile

Domicile of Origin

The idea that no one can exist without a place to call home is a fundamental tenet of domicile law. To give effect to this principle, the law assigns each person a domicile at birth, known as the domicile of origin. However, a person’s country of birth does not necessarily determine this domicile. The domicile of origin carries significant importance and continues until there is clear evidence that another domicile has been acquired.

Domicile of choice

It is well-stated as a rule of private international law that an independent individual can change his or her domicile. Any other exterior region may be used as the temporary residence of choice. In order to establish a domicile of choice, a person must cut off most or all ties to his place of birth and move to the area he wants to call home, with the explicit goal of relocating there permanently.[11] It is the responsibility of the individual who wants to establish a domicile of choice to demonstrate a situation as a result of which the domicile of origin has been displaced.[12]

Two conditions must be fulfilled to acquire the domicile of choice:

1. The individual should be a resident of the nation for which he is trying to acquire the domicile of choice.
2. The individual should have a clear intention of living permanently in the state to acquire a domicile of choice.

Domicile of Dependents

The basic rule is that the person who is reliant on another person gets the dependent person’s domicile. If the person on whom the dependent lives moves, the dependent’s residence may also change.

CONCLUSION

Domicile is central to Private International Law as it determines the legal system governing an individual’s personal status, succession, taxation, marriage, and divorce. Unlike nationality, which reflects a fixed political bond with a state, domicile signifies a person’s permanent legal connection and may change with residence and intent. Its core principles like universality, exclusivity, and continuity, ensure legal certainty, while its types (origin, choice, and dependence) clarify jurisdiction. In a globalized world, domicile remains vital for resolving cross-border disputes with fairness and consistency.

References

1. [1] ATUL M. SETALVAD, CONFLICT OF LAWS 121 (3rd ed. 2014).

2. [2] Domicile in Common Law Systems, LAW TEACHER (Jul 23,2019), https://www.lawteacher.net/free-law-essays/commercial-law/domicile-in-common-law-systems-commercial-law-essay.php.

3. [3] Cummings and Lockwood, The importance of Domicile, C L LAW, https://www.cl-law.com/news-events/the-importance-domicile/pdf.

4. [4] Id

5. [5] Pradeep Jain v. Union of India, (1984) 3 SCC 654.

6. [6] D.P. Joshi v. State of Madhya Pradesh, AIR 1955 SC 334.

7. [7] Id

8. [8] Supra note 2.

9. [9] Supra note 10.

10. [10] Supra note 12.

11. [11]  PIPPA ROGERSON, COLLIER’S CONFLICT OF LAWS (2013).

12. 12] Id.