Domicile, foreign judgment conclusiveness, and lex situs rules controlled succession to English property and sale proceeds.

A domicile of origin continues until a domicile of choice is clearly proved, and the burden of showing abandonment of the former and adoption of the latter is heavy. Documentary evidence indicating an intention to return to India outweighed occasional oral evidence of permanence in England, so the deceased retained his domicile of origin. A foreign judgment is conclusive only for matters directly adjudicated and only if not vitiated by fraud or other Section 13 exceptions; material non-disclosure affecting assumed jurisdiction rendered the English order non-conclusive on domicile. Succession to immovable property is governed by the lex situs, and later sale proceeds do not change that character for conflict-of-laws purposes.

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Issues: (i) whether the deceased had abandoned his domicile of origin and acquired a domicile of choice in England; (ii) whether the English order determining domicile was conclusive or could be ignored for want of final adjudication, breach of natural justice, or fraud; and (iii) whether the proceeds of sale of the English house were governed by the law of the situs or by the law of the domicile.

Issue (i): whether the deceased had abandoned his domicile of origin and acquired a domicile of choice in England

Analysis: A domicile of origin continues until a domicile of choice is clearly established, and the burden of proving abandonment of the former and adoption of the latter is heavy. The letters written by the deceased and by the appellant indicated an intention to return to India after earning enough to live comfortably there. The occasional oral evidence suggesting permanence in England was not sufficient to outweigh the documentary material showing a continuing intention to return.

Conclusion: The deceased did not acquire a domicile of choice in England and retained his domicile of origin.

Issue (ii): whether the English order determining domicile was conclusive or could be ignored for want of final adjudication, breach of natural justice, or fraud

Analysis: Under Section 13 of the Code of Civil Procedure, a foreign judgment is conclusive as to matters directly adjudicated upon unless it falls within the statutory exceptions. A decision on one substantive question can be final even if other questions are left for later consideration, and the absence of reasons does not by itself destroy conclusiveness. However, where the foreign proceedings were commenced on an assumed jurisdiction based on a material non-disclosure, and the court was not fully apprised of facts relevant to domicile, the judgment is vitiated by fraud within the meaning of Section 13. The failure to serve the foreign administrators in the present suit did not affect the issue, since they were not necessary parties.

Conclusion: The English order was not conclusive and could not bind the parties on the question of domicile.

Issue (iii): whether the proceeds of sale of the English house were governed by the law of the situs or by the law of the domicile

Analysis: Succession to immovable property is governed by the lex situs, while movables are governed by the law of the domicile. The relevant character of the property must be determined at the time of death. A later conversion of an immovable into money does not alter its character for conflict-of-laws purposes. The equitable doctrine of conversion does not convert an immovable into movable property for this purpose. The English house was therefore to be treated as immovable property, and its succession was governed by English law.

Conclusion: The sale proceeds of the English house were not divisible as movable property under the Travancore rule of succession.

Final Conclusion: The appeal succeeded only in part, to the extent of the half share in the net proceeds of the English house, while the remaining findings and directions were maintained.

Ratio Decidendi: A foreign judgment is conclusive only to the extent of a final adjudication not vitiated by fraud or natural-justice defects, and immovable property remains governed by the lex situs for succession purposes even after sale proceeds are realized.

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