INDIAN SUCCESSION ACT, 1925
COMMENTS
Even though the Christian law does not recognise adoption but as it does not at the same time prohibit adoption, adopted son gets all the rights of a natural born child and he is entitled to inherit the assets of Christian couple: Philips v. Y.f. Gonsalvis A.I.R. 1999 Ker. 187.
5. Law regulating succession to deceased person’s immovable and movable property, respectively.—(1) Succession to the immovable property in 6[India] of a person deceased shall be regulated by the law of ‘[India], wherever such person may have had his domicile at the time of his death.
(2) Succession to the movable property of a person deceased is regulated by the law of the country in which such 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, moveable property in England, and property, both movable and immovable, in ‘[India]. The succession to the whole is regulated by the law of ‘[India],
(n) A, an Englishman, having his domicile in France, dies ‘[India], and leaves property, both movable and immovable, 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],
6. One domicile only affects succession to movables.—A person can have only one domicile for the purpose of the succession to his movable property.
7. Domicile of origin of person of legitimate birth.—The domicile of origin of every person of legitimate birth is in the country in which at the time of his birth his father was domiciled; or, if he is a posthumous child, in the country in which his 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.
8. Domicile of origin of illegitimate child.—The domicile of origin of an illegitimate child is in the country in which, at the time of his birth, his mother was domiciled.
9. Continuance of domicile of origin.—The domicile of origin prevails until a new domicile has been acquired.
10. Acquisition of new domicile.—A man acquires a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin.
Explanation.—A man is not to be deemed to have taken up his fixed habitation in 6[India] merely by reason of his residing there in 7[the civil, military, naval or air force service of Government], or in the exercise of any profession or calling.
Illustrations
(i) A, whose domicile of origin is in England, proceeds to ‘[India], where he settles as a barrister or a merchant, intending to reside there during the remainder of his life. His domicile is now in ‘[India].
6. Substituted byActSof 1951,S. Sand Sch.,for “theStates”(w.e.f. 1-4-1951).
7. Substituted by A.0.1950, for “His Majesty’s civil, military, naval or air force service”.
(z’i) 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.
(Hi) A, whose domicile of origin is in France, comes to reside in 8[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],
(to) A, whose domicile is in England, goes to reside in 8[India] for the purpose of winding up the affairs of a partnership which has been dissolved, and with the intention of returning to England as soon as that purpose is accomplished. He does not by such residence acquire a domicile in 8[India] however long the residence may last.
(v) A, having gone to reside in 8[India] in the circumstances mentioned in the last preceding illustration, afterwards alters his intention, and takes up his fixed habitation in “[India]. A has acquired a domicile in s[India].
(vi) A, whose domicile is in the French Settlement of Chandernagore, is compelled by political events to take refuge in Calcutta, and resides in Calcutta for many years in the hope of such political changes as may enable him to return with safety to Chandernagore. He does not by such residence acquire a domicile in 8[India].
(vii) A, having come to Calcutta in the circumstances stated in the last preceding illustration continues to reside thereafter such political changes have occurred as would enable him to return with safety to Chandernagore, and he intends that his residence in Calcutta shall be permanent. A has acquired a domicile in 8[India].
11. Special mode of acquiring domicile in India.—Any person may acquire a domicile in 8 [India] by making and depositing in some office in ‘[India], appointed in this behalf 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 8[India] for one year immediately preceding the time of his making such declaration.
12. Domicile not acquired by residence as representative of foreign Government, or as part of his family.—A person who is appointed by the Government of one country to be its ambassador, consul or other representative in another country does not acquire a domicile in the latter country by reason only of residing there in pursuance of his appointment; nor does any other person acquire such domicile by reason only of residing with such first-mentioned person as part of his family, or as a servant.
13. Continuance of new domicile.—A new domicile continues until the former domicile has been resumed or another has been acquired.
14. Minor’s domicile.—The domicile of a minor follows the domicile of the parent from whom he derived his domicile of origin.
Exception.—The domicile of a minor does not change with that of his parent, if the minor is married or holds any office or employment in the service of the Government, or has set up, with the consent of the parent, in any distinct business.
15. Domicile acquired by woman on marriage.—By marriage a woman acquires the domicile of her husband, if she had not the same domicile before.
16. Wife’s domicile during marriage.—A wife’s domicile during her marriage follows the domicile of her husband.
Exception.—The wife’s domicile no longer follows that of her husband if they are separated by the sentence of a competent Court, or if the husband is undergoing a sentence of transportation.
8. Substituted by ActSof 1951,S. 3 and Sch., for “the States” (w.e.f. 1-4-1951)..
17. Minor’s acquisition of new domicile.—Save as hereinbefore otherwise provided in this Part, a person cannot, during minority, acquire a new domicile.
18. Lunatic’s acquisition of new domicile.—An insane person cannot acquire a new domicile in any other way than by his domicile following the domicile of another person.
19. Succession to movable property in India in absence of proof of domicile elsewhere.—If a person dies leaving movable property in ‘[India], in the absence of proof of any domicile elsewhere, succession to the property is regulated by the law of ‘[India].
PART III
MARRIAGE
20. Interests and powers not acquired nor lost by marriage.—(1) No
person shall, by marriage, acquire any interest in the property of the person whom he or she marries or become incapable of doing any act in respect of his or her own property which he or she could have done if unmarried.
(2) This section—
(a) shall not apply to any marriage contracted before the first day of January, 1866;
(b) shall not apply, and shall be deemed never to have applied, to any marriage, one or both of the parties to which professed at the time of the marriage the Hindu, Muhammadan, Buddhist, Sikh or Jaina religion.
21. Effect of marriage between person domiciled and one not domiciled in India.—If a person whose domicile is not in ‘[India] marries in “[India] a person whose domicile is in ‘[India], neither party acquires by the marriage any rights in respect of any property of the other party not comprised in a settlement made previous to the marriage, which he or she would not acquire thereby if both were domiciled in ‘[India] at the time of the marriage.
22. Settlement of minor’s property in contemplation of marriage.—(1) The property of a minor may be settled in contemplation of marriage, provided the settlement is made by the minor with the approbation of the minor’s father, or, if the father is dead or absent from ‘[India], with the approbation of the High Court.
(2) Nothing in this section or in section 21 shall apply to any will made or intestacy occurring before the first day of January, 1866, or to intestate or testamentary succession to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina.
