Section 391 contains the statutory saving clause, safeguarding personal law customs, local usages, and unrepealed statutory enactments from implied repeal by the Indian Succession Act, 1925.
Preservation of Personal Law Customs: Preserves specific customary practices, personal laws, and local statutory provisions not expressly repealed by Schedule IX of the Act.
Harmonious Construction: Mandates that the provisions of the Act must be interpreted harmoniously with concurrent personal law statutes (such as the Hindu Succession Act, 1956 and Muslim Personal Law).
Non-Derogation Principle: Ensures that statutory rights and exemptions conferred under regional or community-specific enactments remain unimpaired unless direct inconsistency exists.
Key Landmark Precedents:
State of Bihar v. Radha Krishna Singh, (1983) 2 SCC 118: The Supreme Court observed that the saving provisions preserve core customary rights and personal law rules except where the statute explicitly creates an exhaustive uniform code.
M.P. Shreevatsa v. Rathna, AIR 1989 Kar 145: Held that the saving clause in Section 391 prevents any implied repeal of customary Hindu succession rules governing joint family property not governed by testamentary disposition.
Courtroom Practice & Strategic Litigation Guidance:
When defending against an argument that the Indian Succession Act overrides a specific personal law customary right or regional enactment, invoke Section 391 to establish that personal law customs remain insulated from implied statutory repeal.
Legal Commentary & Landmark Judgments: Section 391
Section 391 contains the statutory saving clause, safeguarding personal law customs, local usages, and unrepealed statutory enactments from implied repeal by the Indian Succession Act, 1925.
When defending against an argument that the Indian Succession Act overrides a specific personal law customary right or regional enactment, invoke Section 391 to establish that personal law customs remain insulated from implied statutory repeal.