ES 'भार' की उदाहरण सहित परिभाषा दीजिए एवं इसके आवश्यक तत्वों को बताइए। 'भारं' और 'बंधक' में क्या अन्तर है।

 

Definition of 'Charge'

Meaning of Charge (Section 100 of the Transfer of Property Act, 1882)

A charge is a legal interest created on an immovable property for securing the payment of money. However, unlike a mortgage, a charge does not transfer any ownership or possession of the property.

Example of Charge:

• A borrows ₹5 lakhs from B and agrees that his house will serve as security for repayment. No transfer of ownership occurs, but B gets a charge over A’s property. If A fails to repay, B can recover the amount from the property's sale.

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Essentials of a Charge

A charge must fulfill the following conditions:

1. Existence of an Immovable Property

   • The charge must be created on immovable property such as land or a house.

2. Obligation to Pay Money

   • A charge is created for securing the payment of money (e.g., loans, maintenance, or annuities).

3. No Transfer of Interest

   • Unlike a mortgage, the property remains with the owner. The charge holder only has a right to recover the debt from the property.

4. Charge May Be Created by Act of Parties or Law

   • A charge can be:
     ✔ Express (by agreement) – A person explicitly agrees to create a charge.
     ✔ Implied (by operation of law) – Courts may impose a charge even without an agreement (e.g., a widow’s maintenance from ancestral property).

5. Enforceability Through Court

   • If the debtor fails to pay, the creditor can seek a court order to sell the property and recover the dues.

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Difference Between Charge and Mortgage

Basis	Charge	Mortgage
Definition	A charge is an encumbrance on property for securing payment without transfer of interest.	A mortgage involves transfer of interest in the property as security for a loan.
Governing Law	Section 100 of the Transfer of Property Act, 1882.	Section 58 of the Transfer of Property Act, 1882.
Transfer of Ownership	No transfer of ownership or possession.	Some interest in property is transferred to the mortgagee.
Right to Sell Property	The charge-holder can sell the property only by court intervention.	The mortgagee can directly sell the property under certain conditions.
Example	A widow having a charge on her deceased husband’s property for maintenance.	A bank giving a home loan and holding the house as mortgage security.
Creation	Created by agreement or operation of law.	Created only by agreement.

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Conclusion

A charge is a right created over a property as security for a debt without transferring ownership, whereas a mortgage involves an actual transfer of interest. Both serve as security mechanisms but differ in legal effects and enforcement rights.