Section 64 of The Code of Civil Procedure, 1908
Private alienation of property after attachment to be void.
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.
Summary
- Prevents debtors from selling property privately once it has been attached.
- Declares private transfers of attached property to be void.
- Makes payments of debts to the debtor void if they go against an attachment.
- Protects buyers who have a registered contract from before the attachment date.
- Includes claims for sharing assets fairly in its protections.
Practical examples
FAQ
1. Can property be sold privately after a court attachment under Section 64 of The Code of Civil Procedure, 1908?
No, Section 64 of The Code of Civil Procedure, 1908, states that any private transfer of property after attachment is void against claims under that attachment.
2. Are there any exceptions to the rule in Section 64 of the Civil Procedure Code?
Yes, Section 64 of the Civil Procedure Code does not apply if the transfer is made under a contract that was registered before the attachment.
3. Does Section 64 of the 1908 Act apply to sharing assets between creditors?
Yes, the Explanation in Section 64 of the 1908 Act says that protected claims include those for the rateable distribution of assets.
Test yourself
1.Under Section 64 of The Code of Civil Procedure, 1908, a private transfer of attached property is void against whom?
2.Under Section 64 of The Code of Civil Procedure, 1908, what makes a prior contract for transfer valid despite a later attachment?
3.Under Section 64 of The Code of Civil Procedure, 1908, what else besides property transfers is made void?
4.Under Section 64 and Section 60 of The Code of Civil Procedure, 1908, if an officer enters a house and attaches an artisan's tools, can the debtor sell them?