Difference between charge and mortage ?
“Now the broad distinction between a mortgage and a charge is this: that whereas a charge only gives a right to payment out of a particular fund or particular property without transferring that fund or property, a mortgage is, in essence, a transfer of an interest in specific immovable property.”
Difference between charge and mortage ?
BASIS FOR COMPARISON
Meaning:- Mortgage implies the transfer of ownership interest in a particular immovable asset.
Charge refers to the security for securing the debt, by way of pledge, hypothecation and mortgage.
Creation:- Mortgage is the result of the act of parties. Charge is created either by the operation of law or by the act of the parties concerned.
Registration:- Mortgage must be registered under Transfer of Property Act, 1882.
When the charge is a result of the act of parties, registration is compulsory otherwise not.
Term : Mortgage is Fixed , while charge is Infinite
Personal Liability:- In general, mortgage carries personal liability, except when excluded by an express contract.
No personal liability is created, however, when it comes into effect due to a contract, then personal liability may be created.