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Subject to Sub-Section(2) of Section 64 of the Code of Civil Procedure, 1908, a private alienation of property after attachment is -
Question

Subject to Sub-Section(2) of Section 64 of the Code of Civil Procedure, 1908, a private alienation of property after attachment is -

A.

Void

B.

Improper

C.

Lawful

D.

Voidable

Correct option is A

According to Section 64(1) of the Code of Civil Procedure, 1908, any private transfer or delivery of property that is made after an order of attachment has been passed by the court is considered void as against all claims enforceable under the attachment. The purpose of this provision is to prevent the judgment-debtor from defeating the claims of the decree-holder by alienating the property after it has been attached by the court.
Information Booster Section 64 of the CPC ensures that once a property is attached by the court in the execution of a decree, it cannot be transferred or alienated by the judgment-debtor in any manner that would affect the rights of the decree-holder. Any such alienation is treated as void, meaning it has no legal effect and cannot be enforced against the decree-holder's claims.
Additional Knowledge
· Void: A void transaction has no legal effect from the outset. It is as if the transaction never happened in the eyes of the law.
· Voidable: A voidable transaction is valid until it is declared void by a competent court. It remains legally effective unless and until it is annulled.
· Improper: An improper act is one that is not done in accordance with established procedures or norms but may not necessarily be illegal.
· Lawful: A lawful act is one that is in accordance with the law and is fully valid and enforceable.

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