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Jgls security-presentation
- 1. Jindal Global Law School Concepts of Security- Creation, Perfection and Enforcement (with special emphasis on Mortgage) STRICTLY PRIVATE – NOT FOR CIRCULATION
- 18. Difference between Charge, Hypothecation and Mortgage Nature of Security Posession Nature of Interest in the Property Necessity for obtaining Court approval for enforcement of security Step-in Rights Transferring the Interest Charge/ Hypothecation No possession Special Property Approach Court except if the agreement specifically provides for private sale No Cannot be assigned Pledge Possession Special Property No need to approach court No Can be assigned Mortgage Possession or No possession (depending on the type of mortgage) General Property No need to approach court (except equitable mortgage without written memorandum) Yes Can be assigned