Yes you can do so if you manage to for the domicile but it will again be a tedious task to fulfill
Permanent address and domicile status
Hi: I and my wife are Professors at the Indian Istitute of Technology Kanpur (IITK) and our son is currently in 12th Class. Both my wife and I have been employed by IITK for the past 17 years and before that we were abroad for 4 years and in Bangalore for 7. Both my wife and I were born and brought up in Kolkata and were living there till 1992. My son has done his entire schooling in Kanpur. My son wants to appear in competitive exams conducted by the West Bengal Joint Entrance Exam Board (WBJEE). However, to get admitted to a college or university run by the WB government, he will need to furnish a 'domicile certificate'. The prospectus defines a candidate as 'domicile of West Bengal' if he is a) residing in West Bengal continuously at least for last 10 (ten) years as on 31.12.2018; OR b)his parent(s) is/are permanent resident(s) of West Bengal having permanent address within the State of West Bengal. My son clearly does not qualify for clause (a). But I am not sure if he qualifies for Clause (b) and need some advise on this. I request you to consider the following relevant facts before opining. 1. Both my wife and I have done our entire schooling and undergraduate education in West Bengal for 12 and 22 years respectively. 2. Both my wife and I have ancestral properties in Kolkata. After the demise of my father, I hold 1/3rd ownership of our ancestral house in Kolkata. 3. We have purchased property in Kolkata and plan to relocate there after retiring. 4. Both my wife's parents and my mother live in our ancestral house and we visit them very often. 5. However, our Aadhar cards, passports, driving licences show our address as our current address. My question is: Given the above facts, can I/we claim that I/we have permanent addresses in West Bengal and therefore approach a competent person with a request for endorsing the domicile certificate? Since we will have to appraoch a person of high rank in the WB government and do not want to put him/her into any confusion, it will help if we have a firm legal opinion on this. A considered opinion on this matter will be greatly appreciated. Best regards Sumit Basu
Asked 6 years ago in Civil Law
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8 Answers
Both of you have permanent residence WB by birth. You must be having old voter i`d card, driving license with kolkatta address, birth certificate etc. Owning property in Kolkatta, dose not give residence status. Have to prove by documents.
Domicile by birth or origin is the domicile of a person which he/she acquires at birth from parents.
Hello,
having property at a particular place does not make you a permanent resident of that particular place. You will as per the present facts considered as permanent resident of Kanpur i.e., the address mentioned in your ID.
regards
Since you and your wife were born in Kolkata you have domicile of Kolkata
2) better change permanent address in your passport and other documents to Kolkata
As per tge facts stated by you your son definitely comes within the definition of domicile as you are a permanent resident of west Bengal.
Regards
You have not lost the status of domicile of WB so apply at-once if you have permanent address of the WB(b), give the address in your application for verification and ask your neighbors or any relative residing nearby to see whenever any body comes for the inquiry, the question that you will be out of WB for atleast 25 years and above will be subsides by your schooling certificates or ration card if any,ration card if not there then got it prepared.
In the given situation you may state two addresses ,one is temporary i.e., Kanpur address and another one the permanent address at Kolkata.
On the basis of the permanent address at Kolkata you may apply for domicile certificate to your son proving his relationship with you by the documentary evidences.
Yes you can approach the competent authority for getting domicile certificate on ground of permanent residence in WB from past 10 years but to prove your permanent residence in WB you need RATION CARD or residence proof of west Bengal of your family.
If you can arrange your ration card or any residence proof of WB you can get domicile certificate for your son easily.
