Section 65 of The Code of Civil Procedure, 1908
Purchaser's title.
Where immovable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute.
Summary
- This section establishes the exact moment when ownership of a property transfers during a court auction.
- Legal ownership is treated as starting from the actual date the auction sale occurs.
- Ownership does not begin when the court later confirms the sale or makes it absolute.
- The purchaser is legally considered the owner of the house or land as of the time it was sold.
Practical examples
FAQ
1. What is the effective date of a buyer's title under Section 65 of the Code of Civil Procedure, 1908?
Under Section 65 of the Code of Civil Procedure, 1908, the title is effective from the time the property is sold, not when the sale becomes absolute.
2. Does a court confirmation change the ownership date according to the Civil Procedure Code?
No, Section 65 of the Civil Procedure Code specifies that ownership relates back to the time of the actual sale.
3. Why does Section 65 of the Code of Civil Procedure, 1908, distinguish between the sale date and the absolute date?
Section 65 of the Code of Civil Procedure, 1908, clarifies that the buyer's legal interest starts immediately at the time of sale to ensure clear property rights.
Test yourself
1.Under Section 65 of the Code of Civil Procedure, 1908, when is property deemed to vest in a purchaser?