Definition of Section 2 of Transfer of Property Act According to the Government of India
Section 2 of Transfer of Property Act: Repeal of Acts. Saving of certain enactments, incidents, rights, liabilities, etc.— In the territories to which this Act extends for the time being the enactments specified in the Schedule hereto annexed shall be repealed to the extent therein mentioned. But nothing herein contained shall be 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- (a) the provisions of any enactment not hereby expressly repealed: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 are 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 Muhammadan law.
What is Section 2 about?
Section 2 mainly talks about:
- Which old laws are cancelled (repealed)
- What things are NOT affected by this Act (savings)
So, even though some old laws are removed, many existing rights and rules will continue.
First Part – Repeal of Acts
It says: In the areas where this Act applies, some old laws written in the Schedule (list attached to the Act) are cancelled to the extent mentioned.
Meaning: Some previous property laws are removed because this new Act replaces them.
Second Part – What is NOT Affected (Saving Clause)
Even though some laws are repealed, the following things are not disturbed:
(a) Other laws not repealed: If any law is not clearly cancelled by this Act, it will still continue. Only the laws specifically mentioned are cancelled. Other laws remain valid.
(b) Contract terms or property arrangements: If people made agreements or property arrangements that:
- Do not go against this Act, and
- Are allowed by existing law
Then those agreements are still valid.
Example: If two people made a legal property agreement before or after the Act, and it does not break this Act, it will continue.
(c) Old rights and liabilities: If any right or responsibility was created before this Act started, it will not be affected. Old cases, old debts, old property rights remain valid.
Example: If someone had a right to collect rent before this Act, that right continues.
(d) Court orders and transfers by law: This Act does not affect:
- Property transfers done by operation of law (like inheritance),
- Transfers made by court order or decree,
- Except in some special cases mentioned in Section 57 and Chapter IV.
If property is transferred due to court judgment or legal process, this Act does not disturb it.
Nothing in Chapter 2 of this Act will affect rules of Muhammadan law.