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Income tax

Shyam Kanabar (Article) (160 Points)

06 January 2012

what is the difference between mortgege,pledge, and hypothecation.

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SRIKAR BABU (AM) (102 Points)
Replied 06 January 2012

MORTGAGE: mortgage as “the transfer of interest in specific immovable 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”. The transferor is called the ‘mortgagor,’ the transferee is a ‘mortgagee’. The principal money and interest thereon, the payment of which is secured are called the ‘mortgage money’.

PLEDGE : pledge as “bailment of goods as security for payment of a debt or performance of a promise”. The person who offers the security is called ‘pawner’ or ‘pledger’ and the bailee is called the ‘pawnee’ or ‘pledgee’. In case of pledge

HYPOTHECATION: Hypothecation is a charge against property for an amount of debt where neither ownership nor possession is passed to the creditor. Hypothecation is a charge against movable property. The goods will, unlike a pledge, be retained by the borrower and be in the borrower’s possession. The borrower gives only a letter stating that the goods are hypothecated to the banker as security for the loan granted. There will be no transfer of the property to the borrower.