Private alienation of property after attachment to be void
Section 64 of the Code of Civil Procedure, 1908 deals with private alienation of property after attachment to be void. ] 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. The Act came into force on 01 Jan 1909.
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.
Section 64, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Questions about Section 64
What does Section 64 of the Code of Civil Procedure deal with?
Section 64 of the Code of Civil Procedure is headed "Private alienation of property after attachment to be void". ] 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.
How do I find court cases under Section 64 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 64, section 64 CPC, section 64 of the Code of Civil Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 64 of the Code of Civil Procedure come into force?
Section 64 of the Code of Civil Procedure, cited as CPC 64, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.