Indian Succession Act,1925
Act No : 39
Section :
Acquisition of new domicile.
10. Acquisition of new domicile.-A man acquires a new domicile bytaking up his fixed habitation in a country which is not that of hisdomicile of origin. Explanation.--A man is not to be deemed to have taken up hisfixed habitation in 1*[India] merely by reason of his residing therein 2*[the civil, military, naval or air force service of Government],or in the exercise of any profession or calling.---------------------------------------------------------------------1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".2 Subs. by the A. O. 1950, for "His Majesty's civil, military, naval or air force service".---------------------------------------------------------------------56 Illustrations (i) A, whose domicile of origin is in England, proceeds to1*[India], where he settles as a barrister or a merchant, intending toreside there during the remainder of his life. His domicile is now in1*[India]. (ii) A, whose domicile is in England, goes to Austria, and entersthe Austrian service, intending to remain in that service. A hasacquired a domicile in Austria. (iii) A, whose domicile of origin is in France, comes to residein 1*[India] under an engagement with the Central Government for acertain number of years. It is his intention to return to France, atthe end of that period. He does not acquire a domicile in 1*[India]. (iv) A, whose domicile is in England, goes to reside in 1*[India]for the purpose of winding up the affairs of a partnership which hasbeen dissolved, and with the intention of returning to England as soonas that purpose is accomplished. He does not by such residence acquirea domicile in 1*[India], however long the residence may last. (v) A, having gone to reside in 1*[India] in the circumstancesmentioned in the last preceding illustration, afterwards alters hisintention, and takes up his fixed habitation in 1*[India]. A hasacquired a domicile in 1*[India]. (vi) A, whose domicile is in the French Settlement ofChandernagore, is compelled by political events to take refuge inCalcutta, and resides in Calcutta for many years in the hope of suchpolitical changes as may enable him to return with safety toChandernagore. He does not by such residence acquire a domicile in1*[India]. (vii) A, having come to Calcutta in the circumstances stated inthe last preceding illustration, continues to reside there after suchpolitical changes have occurred as would enable him to return withsafety to Chandernagore, and he intends that his residence in Calcuttashall be permanent. A has acquired a domicile in 1*[India].
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