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    Question

    In transaction for transfer or delivery of the property

    attached, where the contract is executed and registered before attachment, the mischief of sub-s (1) shall not apply. However in which of the following situation it applies? 
    A Where the property is transferred and registered after attachment Correct Answer Incorrect Answer
    B Where the property is transferred before attachment but registration takes place after the attachment Correct Answer Incorrect Answer
    C Where the property is registered before the transfer or delivery takes place Correct Answer Incorrect Answer
    D Both (A) and (B) Correct Answer Incorrect Answer
    E None of these Correct Answer Incorrect Answer

    Solution

    Section 64 CPC states that transactions in respect of property attached are void, except where the contract for transfer or delivery is executed and registered before attachment. However, the protection does not apply in cases where: • The property is transferred and registered after attachment (A) • The property is transferred before attachment but registration takes place after attachment (B) In both situations, subsection (1) mischief applies, rendering such transfers void.

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