‘A’ with an Indian domicile dies in UK, leaving movable property in UK and America, property both movable and immovable in India. Determine the succession to his property.
For the purpose of Indian Succession Act, 1925 for dealing with the succession, the domicile is essential. Properties are divided into two types namely, movable and immovable properties. As per Sec. 5(2) of the Act, the movable property is governed by the law of succession of the country in which the deceased had his domicile at the time of his death.
With regard to immovable property, As per Sec. 5(1) of the Act, the rules of succession are governed by the law of the place where the property is situated. It is immaterial as regards the domicile of the person at the time of his death, as regards the immovable properties of the person.
In the given problem, A, who has an Indian domicile, has movable property in UK and America, which shall be governed by the Succession law of UK and America, though he dies in UK. The immovable property in India shall be governed by the succession law of India.
The facts in illustration of Sec. 5(ii) are similar to the problem.