CPC 64 — Private alienation of property after attachment to be void

Code of Civil Procedure, 1908

Statutory text

[(1)] Where an attachment has
been  made,  any  private  transfer  or  delivery  of  the property  attached  or  of  any  interest  therein  and  any

5. Explanation  ins. by Act 104 of 1976, s. 24 (w.e.f. 1-2-1977).
6. Section 64 renumbered as sub-section (1) by Act 22 of 2002, s. 3 (w.e.f. 1-7-2002).

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.
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