SARFAESI Act, 2002 | Chapter IV | Central Registry

Section 26 of SARFAESI Act - Right to Inspect Central Register

Section 26 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 provides for public inspection of particulars recorded in the Central Register. It covers entries concerning securitisation, reconstruction of financial assets and security-interest transactions. The provision enables any person to inspect the prescribed records during business hours on payment of the prescribed fee, including by electronic means where the register is maintained electronically.

Section 26 - Statutory provision

(1) The particulars of securitisation or reconstruction or security interest entered in the Central Register of such transactions kept under section 22 shall be open during the business hours for inspection by any person on payment of such fees as may be prescribed.

(2) The Central Register referred to in sub-section (1) maintained in electronic form shall also be open during the business hours for the inspection of any person through electronic media on payment of such fees as may be prescribed.

Meaning and scope of Section 26

Section 26(1): Inspection by any person

Sub-section (1) makes the particulars entered in the Central Register under Section 22 available for inspection. The wording "any person" is broad: it does not restrict inspection to the borrower, lender, asset reconstruction company or a party to the registered transaction. Inspection is nevertheless governed by business hours and the fees prescribed under the applicable rules.

Section 26(2): Electronic inspection

Sub-section (2) recognises inspection through electronic media where the Central Register is maintained electronically. This complements Section 22, which permits electronic maintenance of Central Register records subject to prescribed safeguards. Online access is subject to the applicable system, procedures, access conditions and prescribed fees; the provision does not promise unrestricted or free downloads.

What records can be inspected?

The Central Register contains particulars entered under the Act relating to:

Securitisation: transactions involving acquisition of financial assets by an asset reconstruction company in the manner contemplated by the Act.
Asset reconstruction: measures concerning the management or recovery of acquired financial assets within the statutory framework.
Security interests: registered interests or rights in property created in favour of a secured creditor to secure repayment or performance of an obligation.

Section 26 deals with inspection of recorded particulars; it does not, by itself, guarantee that every underlying loan agreement, title deed or transaction document will be publicly available. The actual details accessible depend on what is recorded and the applicable registry rules and procedures.

How to inspect Central Registry information

Visit the official CERSAI portal and locate the available public-search or registry-search facility.
Identify the applicable search category and provide the required property, borrower, asset or registration particulars as supported by the portal.
Follow the current verification, fee and payment requirements, if applicable, and review the available registered particulars.
For consequential legal or lending decisions, cross-check the record with original documents and other applicable registration systems; absence of a search result alone should not be treated as conclusive proof of unencumbered title.

The prescribed fees and portal workflow may change under applicable rules or operational instructions. Confirm the current requirements on the official portal rather than relying on an assumed fee.

Section 20 establishes the Central Registry; Section 22 governs maintenance of the Central Register; Section 23 concerns filing; Section 24 deals with modifications; and Section 25 deals with reporting satisfaction of security interests.

Further provisions such as Section 26B, Section 26C, and Sections 26D and 26E address registration, notice, enforcement and priority consequences. The right to inspect under Section 26 is distinct from determining the validity or priority of a particular security interest.

Official legal sources

For the consolidated Act and applicable amendments consult India Code; for statutory rules and notifications consult the Gazette of India and Department of Financial Services. Registry searches and procedural information are available through the official Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI) portal.