Code of Civil Procedure, 1908 | Execution of decrees

Section 64 CPC: Private Transfer of Property After Attachment

Section 64 of the Code of Civil Procedure, 1908 protects claims enforceable under a court attachment by making certain private dealings with attached property ineffective against those claims. It also preserves transfers under qualifying contracts registered before attachment.

What is Section 64 CPC?

Attachment is a legal process by which a court restricts dealings with property in connection with enforcement of a decree. A judgment-debtor is the person against whom a decree is passed; a decree-holder is the person in whose favour it is passed. Private alienation means a private transfer or disposal of property or an interest in it.

Text and meaning of Section 64

The above is a plain-language rendering, not a verbatim statutory reproduction. Read the official central CPC text (India Code, PDF) for the exact wording.

When does Section 64 apply?

The provision operates where property has been attached and a subsequent private transaction conflicts with that attachment. It covers private transfers, delivery of attached property or interests in it, and specified payments to the judgment-debtor contrary to the attachment. Its effect is relative: the transaction is void as against claims enforceable under the attachment, rather than necessarily void for every purpose between every party.

Exception: Contract registered before attachment

Section 64(2) protects a transfer or delivery carried out pursuant to a contract that was executed and registered before attachment. Both timing and registration matter. An earlier unregistered agreement should not be assumed to qualify for this statutory exception. Whether a particular transaction is protected depends on the documents, dates, applicable registration requirements and the court's findings.

Rateable distribution and related CPC provisions

The Explanation ensures that claims for rateable distribution are also protected. Section 73 CPC addresses distribution of execution-sale proceeds among eligible decree-holders. Section 63 CPC deals with property attached in execution by several courts, while Section 65 CPC concerns the vesting of title in a purchaser at a court execution sale. The detailed attachment procedure is principally governed by Order XXI of the First Schedule to the CPC.

Illustrative example

Suppose a court attaches a judgment-debtor's property on 1 August. A private sale executed on 10 August contrary to that attachment cannot defeat the claims enforceable under it. If the sale instead implements a contract entered into and registered before 1 August, Section 64(2) may protect the transaction, subject to proof of the statutory requirements and other applicable law.

Amendment and official legal sources

Section 64 was numbered as sub-section (1), and sub-section (2) was inserted, by the Code of Civil Procedure (Amendment) Act, 2002 (Act 22 of 2002), effective 1 July 2002. For authoritative reading, consult the India Code CPC record and the official Act PDF. State amendments, local court rules and subsequent legislative changes should be checked where relevant.

Frequently asked questions

Is every transfer after attachment completely void?

No. Section 64(1) makes a contrary private transfer void against claims enforceable under the attachment. The statutory wording does not automatically invalidate it for every possible purpose.

Can a pre-attachment agreement protect a later transfer?

Section 64(2) provides an exception when the contract was both entered into and registered before the attachment and the later transfer is made pursuant to it.

Does Section 64 apply to court auction sales?

Section 64 targets private transfers contrary to attachment. Court-supervised execution sales are governed by the relevant execution provisions, including Section 65 and Order XXI.

Legal information only; specific disputes require examination of court orders, title records, contracts and applicable law.