Charge and Mortgage - Transfer of Property Act, 1882

Charge

As per Section 100 of the Transfer of Property Act 1882, charge is - Where immoveable property of one person is by act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mortgage, the latter person is said to have a charge on the property; and all the provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be, apply to such charge.

Mortgage 

As per Section 58(a) of Transfer of Property Act 1882, —  A mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability.

Difference between Charge and Mortgage



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