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Code of Civil Procedure, 1908 · Chapter II: Execution General · Attachment

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

In plain words

After attachment, any private transfer or delivery of the attached property, or payment of debts to the judgment-debtor, against the attachment is void against all claims enforceable under it, including rateable distribution. This does not apply to transfers under a contract made and registered before the attachment.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

[(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.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 64