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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 India merely by reason of his residing therein 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.


(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.
(iv) A, whose domicile is in England, goes to reside in 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 India, however, long the residence may last.
(v) A, having gone to reside in 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 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 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 India.

11. Special mode of acquiring domicile in India
Any person may acquire a domicile in 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 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 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.

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 moveable 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 Jain 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 acquir anuary, 1866, or to intestate or testamentary succession to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jain.

PART IV -OF CONSANGUINITY

23. Application of Part
Nothing in this Part 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, Jain or Parsi.
24. Kindred or consanguinity
Kindred or consanguinity is the connection or relation of persons descended from the same stock or common ancestor.

25. Lineal consanguinity
(1) Lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the other, as between a man and his father, grandfather and great-grandfather, and so upwards in the direct ascending line; or between a man and his son, grandson, great-grandson and so downwards in the descending line.
(2) Every generation constitutes a degree, either ascending or descending.
(3) A person’s father is related to him in the first degree, and so likewise is his son; his grandfather and grandson in the second degree; his great-grandfather and great-grandson in this third degree, and so on.

26. Collateral consanguinity
(1) Collateral consanguinity is that which subsists between two persons who are descended from the same stock or ancestor, but neither of whom is descended in a direct line from the other.
(2) For the purpose of ascertaining in what degree of kindred any collateral relative stands to a person deceased, it is necessary to reckon upwards from the person deceased to the common stock and then downwards to the collateral relative, a degree being allowed for each person, both ascending and descending.

27. Persons held for purpose of succession to be similarly related to deceased
For the purpose of succession, there is no distinction—
(a) between those who are related to a person deceased through his father, and those who are related to him through his mother; or
(b) between those who are related to a person deceased by the full blood, and those who are related to him by the half blood; or
(c) between those who were actually born in the lifetime of a person deceased, and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive.

28. Mode of computing of degrees of kindred
Degrees of kindred are computed in the manner set forth in the table of kindred set out in Schedule I.

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