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24 E TYPES OF CHARGES

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Q

What is a charge in the context of banking security?

A

A charge is a right created by a lender over the borrower's assets as security for repayment of a loan, giving the lender certain rights over those assets in case of default.

Q

What is a charge by way of conditional sale under the Transfer of Property Act?

A

Mortgage where property is sold conditionally with repurchase right on repayment.

Q

What is the difference between a fixed charge and a floating charge?

A

A fixed charge is attached to specific identified assets and the borrower cannot deal with those assets without the lender's consent, while a floating charge hovers over a class of assets that changes from time to time in the ordinary course of business.

Q

What is anomalous mortgage under the Transfer of Property Act, 1882?

A

Any mortgage that does not fall under the five recognised mortgage types.

Q

What is a pledge in banking parlance?

A

A pledge is the bailment of goods as security for payment of a debt or performance of a promise, where the pledgor delivers possession of movable goods to the pledgee (lender) while retaining ownership.

Q

What is a possessory lien in banking security law?

A

Right to retain possession of goods until dues are paid.

Q

What is a hypothecation charge?

A

Hypothecation is a charge created on movable assets where the borrower retains both ownership and possession of the asset but creates an equitable charge in favour of the lender without transferring possession.

Q

What is a constructive pledge in banking?

A

Pledge created by transfer of document of title without physical delivery of goods.

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