Transfer of Property Act Section 2 — Repeal of Acts. Saving of certain enactments, incidents, rights, liabilities, etc

CHAPTER I PRELIMINARY

General

Summary

This section repeals the older laws listed in the Schedule, but only to the extent mentioned there. It also protects certain things from being affected by the new Act: any laws not expressly repealed, contract terms or property rules that are consistent with the Act and allowed by current law, and any rights or liabilities that came into existence before the Act took effect. It also keeps transfers made by operation of law or through a court order valid, except where the Act specifically says otherwise, and it does not change any rule of Muhammadan law.

Official Text

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to which this Act extends for the time being the enactments specified in the Schedule hereto annexed shall be repealed to the extent therein mentioned.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(a) the provisions of any enactment not hereby expressly repealed: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 3*** Muhammadan 4*** law.