Home  /  Indian Succession Act  /  Section 17

Section 17: Minor's acquisition of new domicile

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 16 All 391 Sections of Indian Succession Act Section 18

Legal Commentary & Landmark Judgments: Section 17

Section 17 strictly prohibits a minor from acquiring a new domicile independently, enacting that the domicile of a minor cannot be changed in any other manner than that provided under Section 14.

  • Core Legal Standard: Section 17 of the Indian Succession Act enacts an absolute statutory bar, prohibiting persons of certain religious denominations from bequeathing property to religious or charitable uses except under strict statutory formalities.
  • Operational Mechanism: It ensures that a minor, being legally incompetent to enter into contracts or execute unprivileged wills, is legally incapacitated from independently acquiring a domicile of choice.

No unilateral act of the minor—such as running away to another country, attending boarding school abroad, or expressing a desire to settle elsewhere—can alter their domicile.

Key Landmark Precedents:
  • Kedar Pandey v. Narain Bikram Sah, AIR 1966 SC 160: The Supreme Court held that the legal status of minority creates a complete bar to the independent acquisition of a domicile of choice under Section 17; a minor's domicile remains inexorably tied to that of the parent.
  • Central Bank of India v. Ram Narain, AIR 1955 SC 36: The Supreme Court noted that legal capacity is an indispensable prerequisite for forming animus manendi, rendering minor domicile entirely derivative.
Legal Commentary:

Section 17 prevents forum shopping in cases involving wealthy minor beneficiaries. Guardians or third parties cannot alter a minor's succession regime by simply sending the minor to reside in a foreign tax haven or favorable succession jurisdiction. Until the minor attains majority (18 years, or 21 if under a court guardian), their domicile remains governed exclusively by Section 14.

Section 16 All 391 Sections of Indian Succession Act Section 18