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Published on: Jun 24, 2026

Domicile Certificate Details

A person is said to have a domicile in a country in which he/she is considered to have his/her permanent home. A person cannot have more than one domicile. Domicile plays an important role in the

writing of Will, intestate succession, and succession planning. The Indian Succession Act, 1925, provides that succession to immovable property in India is to be regulated by the law of India whenever a person has domiciled in India during his/her time of passing away. Hence, the concept of domicile is important while determining the distribution of property after the death of a person.

Domicile

Domicile is the country in which a person has a permanent residence. In terms of domicile, the residence does not relate to the physical aspect of maintaining a house or residence. It more so relates to the intention of a person to remain at a place forever unless circumstances should occur to change his/her intentions. Hence, maintenance of a residence or home does not serve to establish domicile, though it could add credence. For instance, if an Indian person moved to the USA temporarily on an H1B visa for employment purposes, his/her domicile would continue to be India, as the permanent residence of the person is still India.

Domicile by Birth

Domicile by birth or origin is the domicile of a person which he/she acquires at birth from parents. The domicile of birth or origin is involuntary and continues to be the domicile of the person until the person chooses to create a permanent residence elsewhere. Most persons retain domicile by birth as their domicile, even long after moving abroad for job or education purposes.

Domicile by Choice

A person can take on a domicile by choice by taking up fixed residence in a country different from the domicile of birth. If an Indian national move to the USA temporarily on an H1B visa, then obtains citizenship or Green Card to stay in the USA indefinitely with no intention of returning to India, then it could be said that he/she has adopted a new domicile by choice. The person requires to prove his/her intention by acts or declaration for changing domicile. Hence, a forced residence abroad as a political refugee, fugitive or for any other reason does not require to change the domicile of the person, unless it is followed by voluntary adoption of the new domicile.

Domicile Certificate in Tamil Nadu

Domicile in India

Any person can acquire domicile in India by making a declaration in writing of his/her desire to acquire a domicile in India, provided he/she has been a resident of India for at least one year prior to making of the declaration.

Domicile Certificate

The State Governments issue the domicile certificate to prove that a person is a resident of a certain State. The procedure for obtaining domicile certificate varies from State to State as follows:

Domicile Certificate in Maharashtra
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Frequently Asked Questions

Common questions about Domicile Certificate India: Acquire Permanent Residency Verification.

Domicile refers to the country where a person has their permanent home and legal residence. It is important because it determines the laws and regulations that govern various legal matters such as the writing of a will, intestate succession, and succession planning for an individual.
Domicile at birth, or domicile of origin, is determined by the domicile of the person's parents. A person acquires their domicile of origin involuntarily at birth, and this domicile continues until they choose to establish a new domicile elsewhere.
No, a person cannot have more than one domicile at a time. If a person establishes a new domicile by choice, their previous domicile is abandoned.
A person can change their domicile by establishing a fixed residence in a different country with the intention of making it their permanent home. This involves more than just physical residence and requires proof of the person's intention to adopt the new domicile.
Under the Indian Succession Act, 1925, succession to immovable property in India is regulated by Indian law if the deceased person was domiciled in India at the time of their death. Therefore, determining domicile is crucial for the distribution of property after a person's death.
A domicile certificate is an official document issued by state governments in India to prove that a person is a resident of a particular state. It is an important document for various legal purposes, such as claiming benefits or establishing eligibility for certain programs or opportunities.
A person can acquire domicile in India by making a written declaration of their desire to do so, provided they have been a resident of India for at least one year prior to making the declaration.
No, a temporary residence abroad, such as for employment or education purposes, does not automatically change a person's domicile. Domicile is determined by the intention to establish a permanent residence, not just physical presence.
No, a domicile certificate is specific to a particular state in India. If a person wishes to obtain a domicile certificate for a different state, they must follow the procedure for that state.
The article does not provide specific details on the procedure for obtaining a domicile certificate in Maharashtra. However, it mentions that the procedure for obtaining a domicile certificate varies from state to state in India.