Transfer of Property Act, 1882

Section 85

Repeal of inconsistent enactments

Englishहिंदी

⚡ Quick Answer Reference: Section 85 TPA

Provision: Section 85 of TPA
Act: Transfer of Property Act, 1882
Classification: property
Jurisdiction: India
Summary: This section repeals certain enactments specified in the Schedule to the Transfer of Property Act, 1882. It means that these repealed enactments are no longer in force and will be replaced by the new provisions of this Act.

Statutory Content

What does Section 85 of TPA say?

The enactments specified in the Schedule to this Act are hereby repealed.

Indian StandardSection 85, Transfer of Property Act, 1882

Bluebook (21st ed.)Transfer of Property Act, 1882, § 85 (India)

Court Pleading StandardSection 85 of the Transfer of Property Act, 1882

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

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Section Meaning & Purpose

What does Section 85 of TPA mean?

Plain English Explanation

This section repeals certain enactments specified in the Schedule to the Transfer of Property Act, 1882. It means that these repealed enactments are no longer in force and will be replaced by the new provisions of this Act.

Practical Interpretation

When a new law is enacted, it often repeals or amends existing laws that are inconsistent with it. This section is a procedural provision that lists the enactments that are being repealed by the Transfer of Property Act, 1882.

Core Legal Purpose

The core purpose of this section is to ensure that the new provisions of the Transfer of Property Act, 1882, replace the old and inconsistent enactments, thereby providing a clear and consistent legal framework for property transactions in India.

Key Legal Elements

•The enactments specified in the Schedule to this Act
•The repeal of these enactments
•The replacement of these repealed enactments by the new provisions of this Act
•None

Practical Example

Practical Example of Section 85 TPA

For example, suppose Rajesh and Priya are parties to a property transaction governed by the old law. However, the Transfer of Property Act, 1882, repeals this old law and replaces it with new provisions. In this scenario, the new provisions of the Act would apply to Rajesh and Priya's property transaction, and the old law would be repealed.

Common Questions (FAQ)

Frequently Asked Questions about Section 85 TPA

Q: What is the punishment or consequence under Section 85 of Transfer of Property Act, 1882?

This section is a procedural provision and does not prescribe a penal punishment. It simply repeals certain enactments and replaces them with new provisions.

Q: Does this section apply to private individuals or public entities?

This section applies to all enactments specified in the Schedule to this Act, regardless of whether they are applicable to private individuals or public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment. Therefore, it is neither bailable nor cognizable.

Common Questions about Section 85 TPA

What is Section 85 of TPA?

Section 85 of the Transfer of Property Act, 1882 (TPA) defines and regulates "Repeal of inconsistent enactments". In plain terms: This section repeals certain enactments specified in the Schedule to the Transfer of Property Act, 1882. It means that these repealed enactments are no longer in force and will be replaced by the new provisions of this Act.

What are the elements of Section 85 of TPA?

The essential elements of Section 85 of TPA are: The enactments specified in the Schedule to this Act; The repeal of these enactments; The replacement of these repealed enactments by the new provisions of this Act.

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