Section 64

Private alienation of property after attachment to be void.

The Code of Civil Procedure, 1908

  • Act 5 of 1908
  • Ministry of Law and Justice
  • Legislative Department
About this Act

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

All sections
    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.

Notes

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

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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