Schedule tribe poa to general caste

sandip singh (Querist) 16 July 2022 This query is : Resolved
In 2003 legal heirs of Recorded tenants who belong to Schedule Tribe(ST) in pata executed General Power Of Attorney to a General caste person. Land belong to rural area. Then in 2005 PoA holder executed sale deed to another person who also belong to Schedule Tribe (ST). This transaction is valid or not. The recorded tenants who executed PoA to general caste claim that in rural areas PoA to general caste by a ST is not valid. Please advice.

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This discussion concerns the validity of a land transaction in Odisha where a Schedule Tribe (ST) recorded tenant granted a General Power of Attorney (PoA) to a general caste individual in 2003. The PoA holder then executed a sale deed to another ST person in 2005. The original ST recorded tenant claims such a PoA is invalid in rural areas, and advice is sought on whether the entire transaction is legal, given that recorded tenants may not have the right to transfer land without authority permission.

sandip singh (Querist) 16 July 2022
Land belongs to state of odisha

Dr J C Vashista (Expert) 17 July 2022
Tenant shall remain a tenant for ever, who do have right, interest, claim or title of the land therefore, can neither issue PoA nor sell it.
The land might be allotted (on lease) to ST for personal usage, as presumed from the facts posted, which you are required to confirm, therefore, it can not be transferred to anyone without prior permission of lessor / authorities concerned.
Be clear and specific.

SHIRISH PAWAR, 7738990900 (Expert) 17 July 2022
Hello,

Yes tenant is always tenant. Before executing poa he should have taken permission from authority.Whole transaction is illegal.

P. Venu (Expert) 17 July 2022
The facts posted suggest deeper issues. Please post complete facts.

kavksatyanarayana (Expert) 17 July 2022
Who is the actual owner of the land? To my understanding of your incompleted query, a Recorded tenant has no right over the property and he could not give POA which is invalid.

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