What do you understand by domicile? | LekiPedia

Introduction 

Domicile of an individual is very significant certificate to get government job and for  marriage, succession, taxation related issues. To make the matter worst, there is an acute  confusion between a domicile certificate and a residence certificate. The interesting part  about a domicile is that no one can be without a domicile and no one can have two  domiciles. This is logical as well as a person domiciled in a particular place cannot acquire  another domicile in any another foreign territory.

Relevant provisions 

Section 2H-59 and 610, 11,13,14,15 and 18 of the succession act 1925 deals with domicile.

Meaning of domicile 

The word domicile has been abstracted from a Latin word ”domus” which means “the  place where a person lives”. 

Definition of domicile 

Such place where a person has his legal and permanent residence where he intends to  return if currently residing elsewhere and gets registered him with that place.

Modes of acquisition of domicile 

Following are the modes of acquisition of domicile. 

1. By origin of birth 

Under the succession act every person receives a domicile at origin of his birth which is  considered his domicile, until he acquires a new domicile. The new domicile, acquired  subsequently, is generally called a domicile of choice.

2. By Choice  

Under the succession act, it is the procedure of acquisition of domicile where a person  acquires new domicile on his own choice but the domicile of origin continues until he  acquires a domicile of choice in another country.

3. By operation of law 

Under the succession act, when domicile is provided to a person by the state, it is called  acquisition by operation of law and provision of origin of birth certificate is one of the  examples of it.

Importance of acquisition of domicile  

Domicile is such document which is important to have for all the individuals of this world.  The domicile defines the rights and civil liberties of a person and his duties. Domicile is  considered as a very importance document in succession of the property after the death  of the person. A person can have a domicile of a country whether he has got a home or  not and a person can only have one domicile if that person has got lot of homes.  

 Acquisition of domicile in Pakistan 

Under the succession act, if any person who is living in Pakistan for one year he can apply to acquire  domicile and following is the method. 

Make a file by attaching a copy of your CNIC, copy of your father’s CNIC, 2 passport size  pictures, Voter List which include your Father/Mother's Name, Affidavit of domicile and  some Forms from nearest court. After completion of documentation, you will have to go  with all docs to AC office in your District/Tehsil. And purchase a blank form for domicile of  20 Rupees from shop inside court and and write an application to acquire the domicile  and submit application in the court and they will give you a certain date after 15 days for  domicile in case of urgency you will have to pay 1000 and domicile will be handed over to  you within a few hours. 

Acquisition of new domicile  

Under the succession act a person is entitled to acquire a new domicile if he has  permanently changed his residence from one place to another place after putting an  application for acquisition of new domicile. 

Acquisition of domicile by women after marriage 

Under the succession act after her marriage a women is entitled to acquire acquire the  domicile of her husband if she had not the domicile before. 

Continuance of new domicile  

The newly acquired domicile continues until the previous domicile has not been cancelled.

.Domicile of minor 

Under the succession act, the domicile of the parents from whom he has acquired his  domicile of origin, is considered the domicile of the minor, he shall not remain holder of  domicile of his parents, once he has received his own domicile.

  
Acquisition of domicile by lunatics  

Under the succession act , an insane person who cannot judge whether he is doing good  or something bad or even does not know subsequent of his act, cannot acquire a new domicile or a domicile of choice but domicile of origin of his birth will automatically be  granted to him by operation of law. 

Difference between domicile and residence  Following is the difference between domicile and residence. 

1.Domicile  

Domicile involves complex issues of law. An individual can be resident in more than one  countries at the same time, but can only have one domicile at a time.

2.Residence  

Generally the word residence is used to describe a home where someone lives, or the  building itself. One person can have many residences but only one domicile. 

Conclusion  

To conclude i can say that domicile is such certificate which is granted by the provincial  government to the citizen of the state or to whom, who is living within the state for one  year, succession act provides different modes of acquisition of domicile such as acquisition  of new domicile, acquisition of domicile by a women after his marriage or rules related to  acquisition of domicile by lunatic. To acquire domicile applicant should have to written an  application in Pakistan.