Finin2min · Explainer
CPC Section 64: Transfers After Attachment of Property
By CA Nikhil Gupta · Reviewed by CA Nikhil Gupta · 11 October 2026
Section 64 of the Code of Civil Procedure, 1908 limits private transfers or delivery of attached property after a valid attachment. Such dispositions, and payments contrary to attachment, are void as against enforceable claims under that attachment—not necessarily void for every purpose and every person.
How the provision works in practice
Trigger: actual attachment
Record the court order, property identity, attachment date and the procedure by which attachment became effective. The section is not a blanket restriction arising on the day someone merely files a money suit. Rules under Order XXI govern how different kinds of property are attached.
Legal effect and protected earlier contracts
Section 64(1) addresses transfers or deliveries after attachment and payments to the judgment debtor contrary to attachment. Section 64(2) protects private transfers or delivery made in pursuance of a contract entered into and registered before the attachment. Verify the execution, registration and property identity, not just an undated agreement.
Due diligence in property deals
A buyer should examine encumbrance and attachment records, title deeds, pending litigation, execution proceedings and lender claims. Obtain certified copies of the attachment order and a legal opinion before making consideration payments. An ordinary sale agreement cannot override a binding attachment.
Relief and court process
The affected claimant may need execution-court remedies, third-party objection proceedings or other appropriate relief under CPC rules. The result can depend on priority, legal interests and timing. Do not promise that every post-attachment transfer is wholly void outside the limited statutory relationship.
Illustrative example
Evidence and common mistakes
Before relying on the provision, keep the underlying dated transaction documents, legal source and competent authority record available. The most consequential errors for this subject are:
- Saying every post-suit transaction is invalid
- Ignoring Section 64(2) prior registered-contract proviso
- Not verifying the exact attachment order and date
Attachment timing and the registered-contract exception
Practical interpretation and decision points for the exact provision, instrument or workflow discussed on this page:
| Question | What the rule requires in practice |
|---|---|
| Trigger | Section 64 concerns an effective property attachment. Confirm the court order, identification of assets, service and the legal attachment date before reaching a conclusion. |
| Effect | A private transfer or delivery after attachment is void as against claims enforceable under the attachment; it is not described as absolutely void against the world. |
| Prior contract | Sub-section (2) preserves a transfer or delivery pursuant to a contract entered into and registered before attachment. The proof and chronology are critical. |
Applied scenario
A property is attached on 20 June. A sale deed is executed on 30 June, but the parties point to a sale agreement registered on 5 May. Section 64(2) requires careful verification that the later transfer was genuinely in pursuance of the pre-attachment registered contract.
Records to keep
Maintain the attachment order, process-server report, land-record entries, original registered agreement, sale deed, consideration trail and case docket.
Important legal boundary
A mere unregistered letter of intent is not the same as the statutory registered-contract protection. Claims of third parties still depend on the execution and attachment context.
Does attachment invalidate every pre-existing arrangement?
Not automatically. Examine Section 64(2), particularly a contract both entered into and registered before attachment.
Authoritative starting point: Read the controlling official source
Questions readers ask
Is the transfer absolutely void to the world?
Section 64 speaks of voidness against claims enforceable under the attachment.
Does an earlier agreement always protect the buyer?
Test whether the contract was entered into and registered before attachment and whether Section 64(2) applies.
Can the court attachment be ignored when registering a deed?
No. Registration alone does not defeat the attachment and execution claims.
Official sources and legislative text
Related Finin2min guides
Educational reference only. Statutory application depends on the relevant date, jurisdiction, evidence and later legally operative amendments. This content does not replace individual tax or legal advice.