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

CPC

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Explanation using Example

Example 1:

Scenario: Ramesh owes Rs. 5 lakhs to Suresh and fails to repay the debt. Suresh files a lawsuit, and the court orders the attachment of Ramesh's house as part of the execution process.

Situation: After the court's attachment order, Ramesh tries to sell his house to his friend, Rajesh, for Rs. 4 lakhs.

Application of Section 64:

  • The sale of the house by Ramesh to Rajesh is considered a private transfer of the attached property.
  • According to Section 64(1) of the Code of Civil Procedure, 1908, this transfer is void because it was made after the attachment order.
  • Therefore, Rajesh cannot claim ownership of the house, and the house remains attached to satisfy Suresh's claim.

Example 2:

Scenario: Priya owes Rs. 3 lakhs to Anil and fails to repay the debt. Anil files a lawsuit, and the court orders the attachment of Priya's car as part of the execution process.

Situation: Before the court's attachment order, Priya had entered into a registered contract with her cousin, Meena, to sell the car for Rs. 2.5 lakhs. The contract was registered a month before the attachment order.

Application of Section 64:

  • The sale of the car by Priya to Meena is a pr...

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