Charge on Property MeaningQuestion asked by a law student:-

If there is a charge on the property, can the person with whom it is charged sell the property on non payment of amount?

Answer by WritingLaw:-

Charge is where immovable property of one person is made security for the payment of money to another. It refers to the security for securing the debt, by way of pledge, hypothecation and mortgage.

No personal liability is created in charge but when it comes into effect due to a contract, then personal liability may be created. Therefore we can say that creation of charge provides security to the lender that the amount lent to the borrower will be repaid.

On the other side in mortgage, the borrower is bound to pay the mortgage money else the amount will be recovered by selling the asset which is mortgaged but by the order of the Court and this is NOT so in case of charge.

Hope this helps.
Also it would be good if you please confirm what I said with your own sources too.

Read Next: What Is Charge and Its Essentials Under the Transfer of Property Act?

WL Staff
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