Repeal of Acts
Section 2 of the Transfer of Property Act, 1882 deals with repeal of Acts. 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to which this Act extends for the time being the e nactments specified in the Schedule hereto annexed shall be repealed to the extent therein mentioned. The Act came into force on 01 Jul 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to which this Act extends for the time being the e nactments specified in the Schedule hereto annexed shall be repealed to the extent therein mentioned.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(a) the provisions of any enactment not hereby expressly repealed;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.
Section 2, The Transfer of Property Act, 1882 (Act 4 of 1882).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Shehammal vs Hasan Khani Rawther
Court's Decision & Legal Precedent
When an expectant heir under Mohammedan law executes a deed of relinquishment of his future inheritance rights in exchange for consideration, and conducts himself in a manner so as to mislead the property owner regarding disposition of the property, he shall be estopped from subsequently claiming his statutory share in the inheritance upon the death of the owner, notwithstanding the doctrine of spes successionis embodied in Section 6(a) of the Transfer of Property Act, 1882, and paragraph 54 of Mulla's Principles of Mahomedan Law. The applicability of such estoppel depends upon the surrounding circumstances and the whole course of conduct of which the relinquishment forms a part. Public policy considerations, derived from principles incorporated in the Indian Contract Act, 1872, support the application of estoppel doctrine to prevent unjust enrichment where an heir has accepted consideration for future relinquishment.
On this section: Noted that provisions in Chapter II do not affect any rule of Mohammedan Law, establishing subordination of general law to Islamic personal law in matters of succession.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 2
What have the courts held on Section 2 of the Transfer of Property Act?
Shehammal vs Hasan Khani Rawther (02 Aug 2011) is the leading judgment on this section among those set out below: Noted that provisions in Chapter II do not affect any rule of Mohammedan Law, establishing subordination of general law to Islamic personal law in matters of succession.
How do I find court cases under Section 2 of the Transfer of Property Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 2, section 2 TP Act, section 2 of the Transfer of Property Act. People searching for it also type tpa 2 online. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Shehammal vs Hasan Khani Rawther (02 Aug 2011).
What should I read with Section 2 of the Transfer of Property Act, and has it changed?
Its own text turns on section 57 (Provision by Court for incumbrances and sale freed therefrom), so none of them can safely be read on its own.
When did Section 2 of the Transfer of Property Act come into force?
Section 2 of the Transfer of Property Act, cited as TP Act 2, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
Other sections of this Act
- 55. Rights and liabilities of buyer and seller1096 words
- 108. Rights and liabilities of lessor and lessee1030 words
- 69A. Appointment of receiver892 words
- 3. Interpretation-clause658 words
- 35. Election when necessary614 words
- 58. Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined554 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.