Section 2 of The Transfer of Property Act, 1882
In the territories to which this Act extends for the time being the e nactments specified in the Schedule hereto annexed shall be repealed to the extent therein mentioned. But nothing herein contained shall he deemed to affect--
- (a)the provisions of any enactment not hereby expressly repealed;
- (b)any terms or incidents of any contract or constitution of property which are consistent with the provisions of this Act, and arc allowed by the law for the time being in force;
- (c)any right or liability arising out of a legal relation constituted before this Act comes into force, or any relief in respect of any such right or liability; or
- (d)save as provided by section 57 and Chapter IV of this Act, any transfer by operation of law or by, or in execution of, a decree or order of a Court of competent jurisdiction; and nothing in the second Chapter of this Act shall be deemed to affect any rule of 1*** Muhammadan 2*** law.
Summary
- It repeals the laws listed in the Schedule of the Act in the territories where this Act is in force.
- It preserves and protects any laws or legal provisions that are not explicitly repealed by this Act.
- It saves the terms or incidents of any contract or property constitution that are consistent with this Act and allowed by current laws.
- It protects any rights or liabilities arising from legal relationships created before this Act came into force, as well as any relief for those rights or liabilities.
- It declares that, except as provided by Section 57 and Chapter IV, this Act does not affect property transfers that happen by operation of law or by court decrees.
- It ensures that nothing in Chapter II of this Act affects any rules of Muhammadan law, which is traditional Islamic law.
Practical examples
FAQ
1. Does the Transfer of Property Act, 1882 affect existing contracts made before its commencement under Section 2?
No, Section 2 of the Transfer of Property Act, 1882 explicitly states that nothing in the Act shall be deemed to affect any right or liability arising out of a legal relation constituted before the Act came into force, or any relief in respect of such right or liability.
2. Does the Transfer of Property Act, 1882 override other laws that are not explicitly repealed under Section 2?
No, Section 2 of the Transfer of Property Act, 1882 protects other laws by stating that nothing in the Act shall be deemed to affect the provisions of any enactment not expressly repealed by it.
3. Under Section 2 of the Transfer of Property Act, 1882, are rules of Muhammadan law affected by the Act?
Section 2 of the Transfer of Property Act, 1882 states that nothing in the second chapter of the Act shall be deemed to affect any rule of Muhammadan law.
Test yourself
Q1.Under Section 2 of the Transfer of Property Act, 1882, which of the following is completely unaffected by the general provisions of the Act, unless specifically covered by Section 57 or Chapter IV?
Q2.Under Section 2 of the Transfer of Property Act, 1882, what happens to the enactments listed in the Schedule?
Q3.Under Section 2 of the Transfer of Property Act, 1882, which rules of religious law are specifically declared to be unaffected by any rule in Chapter II of the Act?
Q4.Under Section 2 of the Transfer of Property Act, 1882, if a legal relationship was established in 1881, how does the Act treat the rights and liabilities arising from it?