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PART II EXECUTION · ATTACHMENT

Section 64: Private alienation of property after attachment to be void

The Code of Civil Procedure, 1908

1[(1)] Where an attachment has been made, any private transfer or delivery of the property attached or of any interest therein and any payment to the judgment-debtor of any debt, dividend or other monies contrary to such attachment, shall be void as against all claims enforceable under the attachment.

2[(2) Nothing in this section shall apply to any private transfer or delivery of the property attached or of any interest therein, made in pursuance of any contract for such transfer or delivery entered into and registered before the attachment.]

Explanation.—For the purpose of this section, claims enforceable under an attachment include claims for the rateable distribution of assets.

Footnotes in the official text

  1. 1.Section 64 renumbered as sub-section (1) by Act 22 of 2002, s. 3 (w.e.f. 1-7-2002).
  2. 2.Ins. by Act 22 of 2002, s. 3 (w.e.f. 1-7-2002).

Questions on this section

1 question in 1 of our papers cite Section 64. Try these from the free papers:

  1. 1. On 1 March, A agrees in writing to sell his house to B, and the agreement is registered on 5 March. On 10 March, the house is attached in execution of a money decree obtained by C against A. On 20 March, A executes and registers a sale deed in favour of B in performance of the agreement. Under Section 64 of the CPC, the sale to B is:

Practise questions on Civil Procedure Code