Indian Approach

A Parsi family in Navsari, a Hindu family in Pune and a Christian family in Goa each have an uncle who died abroad, leaving a flat in India and money in a foreign bank. Will the same law of domicile decide all three cases? In India it will not. Part II of the Indian Succession Act lays out domicile rules, but the same Part says it does not apply to Hindus, Muslims, Buddhists, Sikhs and Jainas. This topic maps where Indian law uses domicile, where it stops, and what fills the gaps.

In two minutes

Indian law has no single code of domicile: the Indian Succession Act 1925 Part II (ss.4–19) sets out the rules for succession but excludes Hindus, Muslims, Buddhists, Sikhs and Jainas, other statutes use the word without defining it, and courts fill the gaps with the common law idea of residence plus intention.

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