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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Specific Relief Act, 1963 · Part I: Preliminary

Section 2 Specific Relief Act: Definitions

Bare Act text

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “obligation” includes every duty enforceable by law;

(b) “settlement” means an instrument (other than a will or codicil as defined by the Indian Succession Act, 1925 (39 of 1925), whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agreed to be disposed of;

(c) “trust” has the same meaning as in section 3 of the Indian Trusts Act, 1882 (2 of 1882), and includes an obligation in the nature of a trust within the meaning of Chapter IX of that Act;

(d) “trustee” includes every person holding property in trust;

(e) all other words and expressions used herein but not defined, and defined in the Indian Contract Act, 1872 (9 of 1872), have the meanings respectively assigned to them in that Act.

Text of the Specific Relief Act, 1963 (Act No. 47 of 1963), as amended up to the Specific Relief (Amendment) Act, 2018. Source: India Code, Government of India.

In simple words

This section defines key terms, unless the context requires otherwise. Under clause (a), an obligation includes every duty enforceable by law. Under clause (b), a settlement is an instrument that disposes of successive interests in movable or immovable property. It also covers an instrument that agrees to do so. A will or codicil is not a settlement. Under clause (c), a trust has the meaning in section 3 of the Indian Trusts Act, 1882. It includes obligations in the nature of a trust under Chapter IX of that Act. Under clause (d), a trustee includes every person holding property in trust. Under clause (e), words not defined here take any meaning given in the Indian Contract Act, 1872.

Part I: Preliminary

  1. 1 Short title, extent and commencement
  2. 2 Definitions
  3. 3 Savings
  4. 4 Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws