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11 February, 2022

Distinguish between pledge & hypothecation Mortgage

 

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Pledge

Hypothication

1

Incase of pledge ,bank take the

possession of the goods but ownership remain to the debtor

For hypothecation, possession

remains with the borrower but owner is bank

2

Both the pledge and pledgor conduct an aggremnet about agreement for

pledge of goods and produces

Both the financer and the debtor conduct an agreement about

hypothecation of goods and produces.

3

The pledgee can retain the possession

In case of hypothecation The

 

 

of the goods until the pledgor repays

the entire debt amount and in case of a default, the pledgee has the right to

sell the goods in his possession and adjust its proceeds towards the

amount due.

possession and the ownership

remain with the borrower and so, he may, at any time either create a subsequent charge by way of pledge over same goods or may sell them.

4

There are two types of pledge.

1.actual pledge; 2. Constructive pledge

Hypothecation has no types.

5

For safety of pledge product, bank

appoint security guard

For safety of hypothecated product,

owner ownself arrange the security of the product

6

Risks for Pledged goods as goods may

stolen, perish, burn by fire or  damage any other way

If occurs such type of  damage

collateral security help to recover the loan.