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Section 6: The words "of India" omitted by Act 48 of 1952,s. 3 and Schedule II

Indian Succession Act • Official Statutory Text & Practice Guide

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Act 1925
Section 5 All 391 Sections of Indian Succession Act Section 7

Legal Commentary & Landmark Judgments: Section 6

Section 6 establishes the indivisible unity of domicile for movable succession, enacting that a person can have only one operative domicile for the purpose of succession to his movable property.

  • Core Legal Standard: The doctrine of single domicile is a cornerstone of private international law designed to prevent irreconcilable conflicts of law.
  • Statutory Powers & Jurisdiction: Because movable property has no fixed geographic situs and theoretically follows the person of the owner, allowing dual or multiple domiciles would result in competing legal regimes claiming jurisdiction over the exact same movable assets upon the owner's demise.

Section 6 mandates that at any single point in time, an individual can possess only one legally operative domicile for succession purposes. While a person may simultaneously possess multiple citizenships, maintain residences across several nations, or hold multiple passports, their succession domicile is singular. If a conflict arises, the court must ascertain which single legal system constitutes the deceased's true domicile of origin or domicile of choice to govern the distribution of their worldwide movable estate.

Key Landmark Precedents:
  • Central Bank of India v. Ram Narain, AIR 1955 SC 36: The Supreme Court observed that under private international law and Section 6, no person can be without a domicile and no person can possess more than one domicile at the same time for the purpose of succession to movable property. Domicile denotes connection with a territorial system of law, not mere geographical residence.
  • Kedar Pandey v. Narain Bikram Sah, AIR 1966 SC 160: The Apex Court held that the law attributes to every person at birth a domicile of origin which adheres until a new domicile of choice is acquired. At no interregnum can a person hold concurrent domiciles for succession.
Legal Commentary:

In cross-border probate litigation, opposing parties frequently allege concurrent residences to claim favorable intestate distribution or tax treatment. Section 6 compels the court to select a singular governing legal jurisdiction. Counsel must meticulously amass documentary proof of permanent attachment—such as tax filings, voter registration, declarations of intent, and continuous familial habitation—to establish the deceased's sole legal domicile to the exclusion of all other jurisdictions.

Section 5 All 391 Sections of Indian Succession Act Section 7