Q: We have been tenants for nearly 38 years. Currently, we are paying Rs1,100 a month as rent. The rent increases at the rate of 15 per cent every three years. The landlord does not pay for the repair and maintenance of either the interior or the exterior of the house. We have to bear all such costs. We have a common pipeline. So, when the ground floor tenant opens a tap, we do not get water. The house is over 50 years old and the tiles on the floor have lost their glaze. Now the landlord is asking us to get them polished and renovate the entire house at our cost. What is our legal standing?
Manikandan Menon, via email

A: Sections 35 and 36 of the West Bengal Premises Tenancy Act, 1997, deal with provisions and remedies relating to repairs, taking measures for maintenance of essential services or their supply that are part of the tenancy. If the landlord fails to do so, the tenant may apply to the rent controller’s court for permission to carry out the work. The tenant would be entitled to deduct the amount spent from the rent, subject to conditions provided in the act.

Q:My father had bought an office space under salami system 25 years ago. He passed away about four years ago. My elder brother lives in another city. I look after the business and use the office. The landlord wants to have the name on the rent receipt changed. I am in no position to shell out the amount that he is asking for. What are my rights?
Sourabh Kapoor, via email

A: Buying property by way of salami is not legally recognised. Since you have been paying rent, your legal status is that of a tenant. Your brother and you have inherited the tenancy rights for five years after your father’s demise. Issuing a rent receipt in favour of a dead person is not right. You are not liable to pay the amount he is demanding but, after the completion of five years, you will have to get into a fresh contract (not salami). Otherwise he can file an eviction suit against you.  

Q:My only son had died intestate last year. His flat in Calcutta is held jointly by his wife. Does my wife, being his mother, have any share in the flat if it is sold? He has a minor son also.
Name withheld

A: Your wife, his mother, is entitled to one third share in the 50 per cent share that your son had in the flat, and also one third share in all his other assets according to The Hindu Succession Act.

Please send your legal queries with your name and address to Legal FAQs, The Telegraph (Features), 
6 Prafulla Sarkar Street, Calcutta 700001. Or email us at legalfaqs@abp.in