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N.K.Assumi (Advocate)     03 November 2010

Expert opinion required for Loan to Naga Agriculturist?

Dear All, in Nagaland article 371-A of the Constitution reads with other provisions of law, there is a claer prohibition for any non indigenous Nagas to acqired any interest in land. And this has been much debated in the past, as financial institutions  are not coming forward to extend loan to the farmers as they can not acquired any interest in land including motgage etc. Many Financisl institutions are trying to hammer out a solution to this legal impediments by way of executing a Power of attorney in favor of the Village Council who can act as the mortgagee as the agent of the Financial Institution and to act on the basis of Power of Attorney as the motgagee. Now, can such power of Attorney be valid? Or should the borrower themselves execute POA in favor of the Village Council? I am sorry that I have posted similar threads last nite and received positive responds from members, but this is very important for me so here i am posting direct query relating to our State. Thanking you all in advance.



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