ISSUE:
Whether the security bond was validly attested under Section 3 of the Transfer of Property Act, 1882 (“TPA”)?
Whether the decree by the High Court created a valid charge on the properties?
Whether the respondents were entitled to rateable distribution under Section 73 of the Civil Procedure Code?
RULE:
For a valid attestation, the witnesses must sign with the intent (animus attestandi) to attest the execution of the document.
Section 3 of Transfer of Property Act, 1882 requires a document to be attested by at least two witnesses, each of whom has seen the executant sign or received a personal acknowledgement from the executant.