Section 391: Saving

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

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.

  • 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Law Customs: Preserves specific customary practices, personal laws, and local statutory provisions not expressly repealed by Schedule IX of the Act.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.