A, whose domicile is in England, goes to reside in India for the purpose of winding up the affairs of a…
Illustration (iv) to section 10 holds that A "does not by such residence acquire a domicile in India, however long the residence may last". Domicile turns on taking up a…
Choose your answer
A, whose domicile is in England, goes to reside in India for the purpose of winding up the affairs of a dissolved partnership, intending to return to England as soon as that is done. The winding up takes twelve years. Under the Indian Succession Act, 1925, has A acquired a domicile in India?
Answer and explanation
Correct answer D
Illustration (iv) to section 10 holds that A "does not by such residence acquire a domicile in India, however long the residence may last". Domicile turns on taking up a fixed habitation, which needs an intention to remain, not on the length of stay. A stay for a limited purpose with a settled plan to go home does not change domicile, and the Act fixes no period of years.