vustudents
09-01-2012, 07:38 PM
Q. What is procedure of acquisition of new domicile. (2007)
1. Introduction:
Under the succession act the word domicile has not been defined. a man can acquire a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin.
2. Relevant provisions:
Sec. 10, 11, 13, i4, 15, 18 succession act.
3. Definition of domicile:
Dr. Phillimore:
"Residence at a particular place, accompanied with positive or presumptive proof of an intention to remain there for a unlimited time.
Story:
That place is property the domicile of a person in which his habitation is fixed without any present intention of removing there from.
4. Acquisition of domicile:
Domicile can be acquired by following three ways.
(a) Of origin of birth.
(b) By operation of law.
(c) Of choice.
5. Importance of domicile:
The civil status of a person, or his legal rights and duties, including capacity, are determined by the law of domicile.
6. Acquisition of a new domicile:
A man acquires a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin.
Explanation:
A man is not to be deemed to have taken up his fixed habitation in Pakistan merely by reason of his residing there in civil, military, naval or Air force service of Pakistan or exercise of any profession or calling.
7. Special mode of acquiring domicile in Pakistan:
Any person may acquire a domicile in Pakistan by making and depositing in some office in Pakistan, appointed in his behalf by the provincial government, a declaration in writing under his hand of his desire to acquire such domicile. Provided that he has been resident in Pakistan for one year, immediately preceding the time of his making such declaration.
8. Continuance of new domicile:
A new domicile continues until the former domicile has been resumed or another has been acquired.
9. Domicile of minor:
Domicile of a minor does not change with that of his parent, if the minor is married, or holder any office or employment in the service of the state or has set up with the consent of the parent, in any distinct business.
10. Domicile acquired by woman on marriage:
By marriage a woman acquires the domicile of her husband. if she has not the domicile before.
Case law
CLC 2005 LHR 669
Facts:
One of the terms of appointment according to terms of advertisement was that ten additional marks were to be given to were to be given a candidate if she opted to be employed in a school at the place of her residence petitoner opted to be employed at a school at place C. petitioner initially was given ten marks, but later on same were deducted and she was not appointed. petitioners though initially was resident of place S but after her marriage at Place C where her husband was residing, she become resident of place C and NIC was also shown her permanent residence act C. the authorities had ignored the statutory provisions.
Held:
It was held petitoner be considered for appointment on basis of that she was entitled to ten additional marks within specified period.
11. Lunatic's acquisition of new domicile:
An insane person cannot acquire a new domicile is any other way than by his following the domicile of other person.
12. Conclusion:
To conclude I can say that place is property the domicile of a person in which he has voluntarily fixed his abode, not for a more special or testamentary purpose, but with a present intention of making it has permanent home. a person can apply in written in the office in Pakistan for domicile.
1. Introduction:
Under the succession act the word domicile has not been defined. a man can acquire a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin.
2. Relevant provisions:
Sec. 10, 11, 13, i4, 15, 18 succession act.
3. Definition of domicile:
Dr. Phillimore:
"Residence at a particular place, accompanied with positive or presumptive proof of an intention to remain there for a unlimited time.
Story:
That place is property the domicile of a person in which his habitation is fixed without any present intention of removing there from.
4. Acquisition of domicile:
Domicile can be acquired by following three ways.
(a) Of origin of birth.
(b) By operation of law.
(c) Of choice.
5. Importance of domicile:
The civil status of a person, or his legal rights and duties, including capacity, are determined by the law of domicile.
6. Acquisition of a new domicile:
A man acquires a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin.
Explanation:
A man is not to be deemed to have taken up his fixed habitation in Pakistan merely by reason of his residing there in civil, military, naval or Air force service of Pakistan or exercise of any profession or calling.
7. Special mode of acquiring domicile in Pakistan:
Any person may acquire a domicile in Pakistan by making and depositing in some office in Pakistan, appointed in his behalf by the provincial government, a declaration in writing under his hand of his desire to acquire such domicile. Provided that he has been resident in Pakistan for one year, immediately preceding the time of his making such declaration.
8. Continuance of new domicile:
A new domicile continues until the former domicile has been resumed or another has been acquired.
9. Domicile of minor:
Domicile of a minor does not change with that of his parent, if the minor is married, or holder any office or employment in the service of the state or has set up with the consent of the parent, in any distinct business.
10. Domicile acquired by woman on marriage:
By marriage a woman acquires the domicile of her husband. if she has not the domicile before.
Case law
CLC 2005 LHR 669
Facts:
One of the terms of appointment according to terms of advertisement was that ten additional marks were to be given to were to be given a candidate if she opted to be employed in a school at the place of her residence petitoner opted to be employed at a school at place C. petitioner initially was given ten marks, but later on same were deducted and she was not appointed. petitioners though initially was resident of place S but after her marriage at Place C where her husband was residing, she become resident of place C and NIC was also shown her permanent residence act C. the authorities had ignored the statutory provisions.
Held:
It was held petitoner be considered for appointment on basis of that she was entitled to ten additional marks within specified period.
11. Lunatic's acquisition of new domicile:
An insane person cannot acquire a new domicile is any other way than by his following the domicile of other person.
12. Conclusion:
To conclude I can say that place is property the domicile of a person in which he has voluntarily fixed his abode, not for a more special or testamentary purpose, but with a present intention of making it has permanent home. a person can apply in written in the office in Pakistan for domicile.