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

The Code of Civil Procedure, 1908Central Act · Act 5 of 1908

[(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) 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.

Where this provision sits

Act	The Code of Civil Procedure, 1908
Section	64
Marginal note	Private alienation of property after attachment to be void.
Jurisdiction	Central
Status	In force as published by the source
Judgments citing it	4

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

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

Judgments that turned on this provision

CMA/2845/2024 of G.Kathiresan Vs RavichandranMadras High Court · 2025-12-02
CRP/3050/2025 of GUTURI RANGA RATNAM Vs SHRIRAM TRANSPORT FINANCE CO. LTD.,High Court of Andhra Pradesh · 2025-11-13
CR/3498/2006 of MUNICIPAL COUNCIL,KALKA AND ORS. Vs ASHA DEVI AND ORS.High Court of Punjab and Haryana · 2006-07-04
APP/612/2004 of MRS. KALPU R.GANDDHI AND ANR. Vs SUMIKIN BUSSAN INTERNATIONAL (H.K.) MANHARLAL T.MODYBombay High Court · 2004-09-30

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