Legal Question in Education Law in India

Domicile

What are the laws relating to domicile? What are the relevant documents to determine the domicile of a person in Mumbai? Is it compulsory that the main person in whose name the ration card stands has to have a domicile? what does one do if a Magistrate denies domicile to a major and asks for domicile of his grand mother as her name features in the ration card as the main holder, but she has no birth certificate as her birth was prior to partition? Can the magistrate deny the grand son domicile? Kindly help.


Asked on 11/03/07, 4:47 am

3 Answers from Attorneys

Re: Domicile

Every person who is resident of a particular state for a minimum period of continues period of 5 years is the domicile of that particular state.Being the name of a person in ration card proves that person is resident of that area.Your grand mother may file affidavit to prove her date of birth.If your grand mother owns any property in her name then you may produce the same in support.There is no reason for magistrate to deny in issuing certificate of domicile.

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Answered on 11/03/07, 12:49 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Domicile

Domicile means principal residence. One can have many residences but only one domicile. Since Roman law whereever one was last domiciled remains that persons domicile until a new domicile is established. Domicile is largely a matter of intention. The best indice of domicile in the US is voter registration. Otherwise you prove your domicile with anything and everything that would tend to show that your claimed domicile is your principle residence.

Frequently, for some purposes, States require a person to be domiciled in that State for a period of time, for instance, before the State will process a divorce.

It is a complex question. You don't provide information as to what the problem for you is and why you ask. But, you may have to end up getting the assistance of an attorney if you are seeking to be treated as a domiciliary of a particular place and being denied in some way that affects your life.

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Answered on 11/03/07, 2:40 pm
G. M. Gupta gmguptaandassociates

Re: Domicile

there are certain requirement for issuance of domicile certificate and its three year residence proof and work proof etc in delhi

check out requiremets there and those would have been given on the form of applying of certificate.

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Answered on 11/04/07, 9:18 am


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