Section 100 and 101 defines the term "Charges" in Transfer of Property Act.By act of parties or by operation of law,an immovable property of one person is made security for the payment of money to another.
This transaction does not amount to a mortgage,but it is called Charge on the property by the latter person.All the provisions relating to simple mortgage are applicable to Charge.The above provisions do not apply to the charge of a trustee on the trust property for expenses properly in curred in the execution of the trust.The Charges cannot be enforced against any prperty in the hands of a person to whom such property has been transferred for consideration and without notice of charge.
Types of Charges :
1. Charge created by act of parties and
2. Charge created by operation of law.
1. Charge created by act of parties :
Without transferring any interest in the property,if an immovable property is given under an agreement,as security for satification of a debt,is called Charge created by act of parties.
Eg:- "A" inherirs a house from his father "B" and he agrees to pay his sister "C" monthly maintenance amount from the rent of the house.Now,sister "B" has charge on the house.
2. Charge created by operation of law :
Charge created by operation of law is otherwise known as "Equitable Lien".It is divided into two types :
a.Vendor's charge on unpaid purchase money and
b.Buyer's charge for purchase money paid in advance.
a.Vendor's charge on unpaid purchase money :
Vendor's charge on unpaid purchase money is also known as "Unpaid vendor's lien".Here,the ownership of the property has passed to the buyer even before the payment of the full purchase money.Now,the seller has charge over the property for the purchase money unpaid.
b.Buyer's charge for purchase money paid in advance :
Buyer's charge for purchase money paid in advance is also known as "Buyer's lien".Here the ownership of the property has not passed to the buyer,but the buyer has paid part or full purchase money to the seller.The buyer is now entitled to a charge on the property as against the seller and all persons claiming under him to the extent of seller's interest in the property and also to the extent of purchase money paid and interest thereof.
This article is useful to know the Charges on the Transfer of the Property Law.