A, an Englishman who has his domicile in France, dies in India, leaving property, both moveable and…
Illustration (ii) to section 5 applies the rules which govern, in France, the succession of an Englishman domiciled there to the moveables, while "the succession to the…
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A, an Englishman who has his domicile in France, dies in India, leaving property, both moveable and immoveable, in India. Under section 5 of the Indian Succession Act, 1925, how is the succession to his property regulated?
Answer and explanation
Correct answer B
Illustration (ii) to section 5 applies the rules which govern, in France, the succession of an Englishman domiciled there to the moveables, while "the succession to the immoveable property is regulated by the law of India". Moveables follow the law of the domicile at death, not nationality, so English law is irrelevant. Immoveables in India are always governed by Indian law, wherever the deceased was domiciled.