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Criminal Procedure Code QUESTION #9490
Question 1
After attachment of B's property in execution, B transfers the attached property to C by a registered sale deed. C, a bona fide purchaser for value without notice, claims the property. What is the effect of this transfer?
  • The transfer is valid as C is a bona fide purchaser
  • The transfer is voidable at the option of the decree-holder
  • The Court must hold a separate inquiry to determine C's bona fides
  • The transfer is void as against the decree-holder regardless of C's knowledge, since private alienation of property after attachment is void under the CPC✔️
Correct Answer Explanation
Section 64 CPC provides that private alienation of property after attachment shall be void as against the claims of the decree-holder. This is an absolute rule; the transferee's good faith or lack of knowledge is irrelevant. The property remains liable to satisfy the decree.