I want to buy an apartment in Calcutta and include the names of my wife and son as joint owners. My son is not in India at present. Is it possible to get the agreement and the sale deed of the apartment in all our names despite his absence? If not, what is the correct procedure?

B.N. Ghose, Calcutta

It is possible. But your son must send a power of attorney in your name or that of your wife, empowering you to purchase the property on his behalf.

We have been living in a flat for the past 35 years and paying rent three times that of what we used to pay at the beginning. However, the current market rate of the rent of our property is much more than what we are paying. The landlord wants the flat back and has said he will give us six months’ notice to vacate.

We did not sign any agreement when we occupied the flat, but paid a month’s rent as deposit.

1) Can the landlord give us a tenancy termination notice without compensating us or providing alternative accommodation in the locality since we don’t own any property?

2) If he refuses, what are our legal or other options?

3) If the West Bengal Tenancy Act is applied, how much revised rent will we have to pay?

4) We are willing to increase the rent according to the rules as we have done in the past. At present, we all contribute equally for minor repairs to the building and other common facilities.

Maya Kirplani, Lake Temple Road, Calcutta

The landlord can send a termination notice without giving an alternative accommodation or compensation. In fact, it is bad in law to give compensation in such cases.

You do not have any option, legal or otherwise. You can only request the landlord to give you some more time to vacate.

You can consult a property lawyer who will help you deduce the right rent applicable. You can offer the amount to the landlord and it is up to him to accept it or not.

The rates you show in the market meter chart are not clear. Are they based on carpet, built-up or super built-up area?

Sabitrai Ranganathan, Santoshpur

All rates are based on the super built-up area.

Send your queries to propertt@abpmail.com or mail them to

Sambit Saha, Business Telegraph, ABP Ltd,
6, Prafulla Sarkar Street, Calcutta — 700001