Advocate Abul Kalam Azad Sulthan

Questions Answered by Advocate Abul Kalam Azad Sulthan

Q: Use of Prefix. Dr by Acupuncturist

One person is running acupuncture clinic and he is using prefix Dr before his name. He is a commerce student. His qualification is Bachelor of arts, MD (Acu), PG Diploma in Acupuncture. Is it legal or illegal? Can I take legal action on him?

Advocate Abul Kalam Azad Sulthan answered
He is not entitled to use the prefix Dr. To join PG Diploma in Acu from IGNOU, a person should have completed Bachelors degree in any system of medicine like MBBS, BHMS, BSMS, BNYS etc. MD(Acu) degree is not recognised in India and the bogus institutions offering such flimsy degrees cannot confer the right to use the prefix Dr.

Q: Sale of a property received as mortgage

There are a few properties which were mortgaged to my grandfather during 1940-50s and are the registered documents are still with us. No encumberence till date. Can we sell these properties now? Or we can only enjoy the properties? Will the title be transferred? Please advice.

Advocate Abul Kalam Azad Sulthan answered
We need to have a look at the documents to see the terms of mortgage. If the terms are clear, you need to legally proceed to have the title transferred. Please share the scanned copy of document and we will get back to you. Thanks

Q: Authorisation by LLP for sale of property

Can a LLP authorise an individual (who is not a partner / manager of the LLP) to enter into a sale agreement of an immovable property through passing a resolution in a meeting of the partners of the LLP? Or a special power of attorney is required to be issued in favour of the individual by the LLP? If the individual in whose favour the rights are assigned to execute the sale deed is an employee of the LLP, does the legal position change? i.e. Whether the LLP can authorise an employee to execute the sale deed, through a resolution of the partners.

Advocate Abul Kalam Azad Sulthan answered
No. Registered Power of Attorney is required for executing any registered deed regarding immovable property. LLP cannot authorise an employee to execute the sale deed, through a resolution of the partners.

Q: What to do if original documents are lost ?

I lent a sum of 60,000 to a counter party X in behalf of our micro-finance (partnership company closed by 1996) withholding the collateral(original vacant land document) provided by X and I was settled with principal and interest by the counter party by the year 2007 and I forgot to return back his original document by then. Now I got an advocate notice from the same counter party stating that he wants his original document back.. I don't remember where was the document.... now I'm searching it very hard but there is least possibility of finding it (it may gone with the scrap papers when our finance company was closed or it might be inside court ,since i filed a case against him for getting back my money by 2000 but he settled me OTC...)

Advocate Abul Kalam Azad Sulthan answered
If it is not possible to find the document, please give a complaint to police and get an LDR (Lost Document Report), commonly called as the non-traceable certificate. Then approach the concerned Sub-Registrar Office and get a Certified Copy of the lost document along with Encumbrance Certificate. Send copies of all these to the concerned party and let them know your situation. Thanks

Q: District Collector have power to grant a part of road to build temple

1. Can temples be build on roadside pathways ? 2. Does a district Collector have discretion to grant a part of road to Hindu religious endowment board to build temples? 3. Can highways dept authorities construction of such temples on road? 4. What are the remedies to remove such temples on govt road?

Advocate Abul Kalam Azad Sulthan answered
If it is an encroachment, the District Collector may order to remove the encroachment. The District Collector can not give part of the road to any person for any purpose. Please let us know in detail and we can find a perfect solution. Thanks