Indian Company Master Data Made Simple

Skip to main content

Hypothecation

3 min read

Quick Summary

Hypothecation is a security interest created over movable assets where the borrower retains possession of the property while the lender has a charge over it as security for a loan.

Hypothecation is a security interest created over movable assets where the borrower retains possession of the property while the lender has a charge over it as security for a loan.

Key Characteristics

  • Charge on movable property
  • Borrower retains possession
  • Common in vehicle and inventory financing

Legal Framework

Used when possession transfer is impractical

Key Points

  • Charge on movable property
  • Borrower retains possession
  • Common in vehicle and inventory financing
  • Registration under SARFAESI Act for enforcement
  • Lender has right to take possession on default
  • Used when possession transfer is impractical

Frequently Asked Questions

What is the difference between hypothecation and pledge?

Is hypothecation registration mandatory?

Can hypothecated goods be sold?

What is a hypothecation letter?