Transfer of Property--Post-Attachment Sale Deed Void Under Section 64 CPC; Pre-Attachment Mortgage Does Not Save Transfer Absent Statutory Sale Under Section 69 TPA
A sale deed executed after attachment is void under Section 64(1) CPC against all claims enforceable under the attachment. The exception under Section 64(2) applies only where the transfer is made pursuant to a contract for sale entered into and registered before the attachment. A pre-attachment mortgage does not automatically save a subsequent transfer unless the sale is executed by the mortgagee in exercise of statutory power under Section 69 of the Transfer of Property Act. A power of attorney is not an instrument of transfer of right, title, or interest in immovable property.
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