Private alienation of property after attachment to be void

 

Code of Civil Procedure Section

 

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

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 moines 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.

Note: 1. S. 64 renumbered as sub-section (1) by Act 22 of 2002, s. 3 (w.e.f. 1-7-2002).

2. Ins. by s. 3, ibid. (w.e.f. 1-7-2002).

 

Code of Civil Procedure Section