Report No. 110

8.11. Customary law.-

We should also like to mention that section 29(2) has raised another controversy, namely is the customary law of succession saved by the section? Is custom a "law" within the meaning of section 29(2)? Conflicting views have been expressed on the subject. According to one view1-2, the expression "any other law for the time being in force" in section 29(2) would cover customary law also.

It is, however possible to argue that the expression "law for the time being in force" in section 29 cannot appropriately cover a custom. Since the very object of section 29 is to provide what shall be the law of intestate succession for the person concerned, an amendment is required, so that no controversy may arise on the above point also.

1. (a) Nabujan v. Paushinoni, 54 CWN 12 DR 14 (Customary Law of Garos). (b) Prem Chand v. Lilawati, AIR 1956 HP 17.

2. Solomon v. Muthiah, (1974) 1 MLJ 53.