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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part II: Execution

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

Bare Act text

64. Private alienation of property after attachment to be void.—[(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 judgmentdebtor 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.

Amendment notes

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

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where property has been attached, any private transfer or delivery of the property or of any interest in it, and any payment to the judgment-debtor of a debt, dividend or other money contrary to the attachment, is void against all claims enforceable under the attachment. Such claims include claims for rateable distribution of assets. Sub-section (2), inserted by the 2002 amendment, saves transfers made under a contract entered into and registered before the attachment.

Part II: Execution

  1. 36 Application to orders
  2. 37 Definition of Court which passed a decree
  3. 38 Court by which decree may be executed
  4. 39 Transfer of decree
  5. 40 Transfer of decree to Court in another State
  6. 41 Result of execution proceedings to be certified
  7. 42 Powers of Court in executing transferred decree
  8. 43 Execution of decrees passed by Civil Courts in places to which this Code does not extend
  9. 44 Execution of decrees passed by Revenue Courts in places to which this Code does not extend
  10. 44A Execution of decrees passed by Courts in reciprocating territory
  11. 45 Execution of decrees outside India
  12. 46 Precepts
  13. 47 Questions to be determined by the Court executing decree
  14. 48 Execution barred in certain cases (Repealed)
  15. 49 Transferee
  16. 50 Legal representative
  17. 51 Powers of Court to enforce execution
  18. 52 Enforcement of decree against legal representative
  19. 53 Liability of ancestral property
  20. 54 Partition of estate or separation of share
  21. 55 Arrest and detention
  22. 56 Prohibition of arrest or detention of women in execution of decree for money
  23. 57 Subsistence-allowance
  24. 58 Detention and release
  25. 59 Release on ground of illness
  26. 60 Property liable to attachment and sale in execution of decree
  27. 61 Partial exemption of agricultural produce
  28. 62 Seizure of property in dwelling-house
  29. 63 Property attached in execution of decrees of several Courts
  30. 64 Private alienation of property after attachment to be void
  31. 65 Purchaser’s title
  32. 66 Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff (Repealed)
  33. 67 Power for State Government to make rules as to sales of land in execution of decrees for payment of money
  34. 68 Power to prescribe rules for transferring to collector execution of certain decrees (Repealed)
  35. 69 Provisions of Third Schedule to apply (Repealed)
  36. 70 Rules of Procedure (Repealed)
  37. 71 Collector deemed to be acting judicially (Repealed)
  38. 72 Where Court may authorize Collector to stay Public Sale of Land (Repealed)
  39. 73 Proceeds of execution-sale to be rateably distributed among decree-holders
  40. 74 Resistance to execution
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