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Section 12: Domicile not acquired by residence as representative of foreign Government, or as part of his family

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 11 All 391 Sections of Indian Succession Act Section 13

Legal Commentary & Landmark Judgments: Section 12

Section 12 enacts an absolute statutory bar against the acquisition of an Indian domicile by foreign diplomatic personnel, representatives, and their household families residing in India.

  • Core Legal Standard: Section 12 incorporates the universally accepted principle of diplomatic immunity and extraterritoriality into Indian succession law.
  • Operational Mechanism: It provides that a person does not acquire a domicile in India merely by reason of residing in India as the ambassador, consul, or other accredited representative, officer, or agent of a foreign Government, or as part of the family or staff of such representative.

Because diplomatic posting is inherently temporary and tied to sovereign foreign service, such residence completely lacks the requisite legal intent (animus manendi) to adopt India as a permanent home. Regardless of the duration of their diplomatic mission or whether they reside in India for several decades, their original domicile remains unaffected, and succession to their movable estate is governed entirely by their foreign personal law.

Key Landmark Precedents:
  • Louis De Raedt v. Union of India, (1991) 3 SCC 554: The Supreme Court affirmed that presence in a sovereign nation under diplomatic status or specialized governmental mission excludes the legal possibility of acquiring a domestic domicile under Section 12.
  • Central Bank of India v. Ram Narain, AIR 1955 SC 36: The Supreme Court observed that official representation of a foreign sovereign negates voluntary submission to the local municipal succession laws.
Legal Commentary:

The protection under Section 12 is absolute and objective. In estate administration involving deceased foreign diplomats or consular staff with assets in India, probate courts cannot entertain claims alleging that the decedent established an Indian domicile. Any succession proceeding concerning their movable properties must be referred back to the jurisdiction of their foreign accreditation.

Section 11 All 391 Sections of Indian Succession Act Section 13