What is Domicile?

Domicile is the place where you maintain a permanent home and you are intended to remain in this place for indefinite period of time.

Updated: October 13, 2020

Domicile:

Domicile is the place where you maintain a permanent home and you are intended to remain in this place for indefinite period of time. You are the domiciliary of that place.
No matter how many homes you own, you cannot have more than one domicile . The domiciliary status of a person subjects you to specific laws. Domicile is a legal construct that is used to determine the place where you can vote, claim benefits, file lawsuits, pay taxes and oblige governmental authority. It plays an important role in the writing of Will, determining the distribution of property after the death of a person, intestate succession, and succession planning.  
Domicile is more relates to the intention of a person to remain at a place forever rather then maintenance of a residence or home. Domicile is the place that you declare in legal documents, such as the address you use to vote, have bank accounts, register vehicles, and pay taxes. You need to close bank accounts, surrender your driver's license, remove your name from voting rolls, and pay taxes as a non-resident in order to end a domicile association.

Domicile by Birth:

Your domicile of origin is the home you share with your parents at your birth. This location remains your domicile until you reach the age of majority or chooses to create a permanent residence elsewhere of your choice. This domicile of choice remains your domicile until you leave the place by relocating to a new domicile. Generally, domicile by birth is retained as their domicile by most of the person, even after they move abroad for job or education purposes.

Domicile by Choice:

A person can take on a domicile by choice if he/she acquire a fixed residence in a country different from the domicile of birth with the intention to stay at that place forever. The intention can be proved by the acts or declaration for changing domicile.

Domicile in India:

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

Domicile Certificate:

The domicile certificate is issued by the State Governments to prove that a person is a resident of a certain State or Union Territory. A person can avail various benefits such as education, job and other benefits such as Resident Quotas in the Government Service and educational institutions, and also in case of jobs where local residents are preferred by Domicile Certificate.
The procedure for getting domicile certificate varies from State to State. You can get the the application forms from the local authorities such as Tahsildar's office, Revenue Department, Sub-Divisional Magistrate, District Collector's Office or any other authorized authority in the State or UT.
The circumstances under which you pay state taxes gets affected by your domicile. Most often the taxpayers domicile in a state which has the lowest tax liability for them.

Documents Required for obtaining Domicile Certificate:

An applicant needs to provide various documents depending upon the rules and regulation of a particular State or Union Territory. The documents required for obtaining a Domicile Certificate include:

  • Residential proof such as ration card or driving license
  • Age proof such as birth certificate, school certificate (10th admit card),etc.
  • Two passport size photographs
  • Self-declaration form.
  • Identity proof such as an Aadhaar card, PAN card, etc.
  • Duly filled the application form.
  • Photocopies of all documents duly attested by a government official.
  • An affidavit from tahsil or court.   

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