At Perry4Law, we are very frequently approached to assist our clients in obtaining a domicile certificate for various purposes. Many times we have to explain the difference between a domicile certificate and a residence certificate as the legal requirements and the use of these two certificates are totally different.
We have explained in a seperate post titled “how to obtain a domicile certificate in India” about various aspects of a domicile certificate and the rules and reguations applicable for the same. Perry4Law Organisation (P4LO) has also requested the Central Government to frame a techno legal framework for domicle in India. We believe that the domicile policy of India must be formulated by Central Government as soon as possible due to the present Digital India project and ever opening economies around the world.
India is a quasi federal nation and it is governed by a single citizenship or domicile system. Indian Constitution provides that every citizen of India shall have a single domicile throughout the territories of India. No state in India can insist upon a separate domicile other than the national domicile as conferred by Indian Constitution.
Domicile is different from residence. A person may be resident in India but he may not be domiciled in India. To make a residence a domicile, the residence must be accompanied with an intention to make that residence permanent. Similar rule applies if such a person is resident outside India. The crucial criterion is the intention of the person and this intention is decisive in determining the domicile status of such person.
While approaching the Central Government for obtaining a domicile certificate, it is imperative that various documentary proofs reflecting the intention of the applicant to obtain the domicile of India must be duly submitted.
There is no set procedure or formalities to obtain a domicile certificate in India and every case has to be decided by the Central Government on its own facts and circumstances. Obtaining a false or illegal domicile certificate is a punishable offence in India and it can have serious legal consequences.
We have developed our own techno legal procedure to assist our client in obtaining a domicile certificate. It is differnet for citizens and non citizens of India and seperate procedure is applicable for seperate individuals. If you need a domicile certificate for succestion or taxation related issues, please contact us in this regard.