Domicile: Its Scope and Impact on the Indian Law System

  • Lakshmi Kunnath
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  • Lakshmi Kunnath

    Student at St. Josephs College of Law, India.

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Abstract

Domicile as a legal concept deals with the permanent abode of an individual and where he plans on staying for an indefinite time. Earlier it was used to determine jurisdiction to apply the law accordingly. But as society keeps changing, so does the law. And thus, there is now a need to understand domicile and its ideology, since it's carrying out more functions and has a key role in assuming the jurisdiction for various legislations and the decisions that led to them. Domicile is a wide-open concept that helps organise the laws of the land and keeps them separate from other places or jurisdictions. This in turn helps to administer and govern the land judiciously. Under Indian law, Domicile has been used and referred to in many legislations and statutes. But the most intricate details regarding this topic can be seen under the Indian Succession Act (1925) where a whole chapter has been dedicated to this topic. The Act basically talks about the application, kinds and other instances of territorial law and regulations that have been adapted for its implementation. But domicile is not just a concept or ideology that’s of growing importance for administration and power in the state, it is of core importance to the basis of Private International Law and the Common Law System. The need and principles behind domicile helped to make legislations and laws that help figure out the jurisdictions, authorities that oversee it and their roles, which eases procedures for the administration of a place.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 4, Page 924 - 933

DOI: https://doij.org/10.10000/IJLMH.113416

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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