Brahmavara (Udupi District): In a landmark ruling, the Kundapur Senior Citizens Tribunal has restored a five-cent property and the house built on it to an elderly couple after their daughter allegedly deceived them into transferring ownership. The case highlights the vulnerabilities of senior citizens and the importance of legal safeguards under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Lawrence D’Souza (80) and his wife, Monthin D’Souza (61), residents of Bykady village, lived a modest life in the house Lawrence had built. Despite having two sons and two daughters, none of their children took responsibility for their care. Facing financial difficulties, Lawrence continued working as an autorickshaw driver even in his advanced years.

Their daughter, Priscilla Anil, initially appeared to show concern for her ailing father. However, under the guise of assisting him, she allegedly coerced Lawrence into transferring the property into her name. On April 19, 2023, Priscilla reportedly misled her illiterate father into signing a gift deed at the sub-registrar’s office in Brahmavara, instead of a will as he intended. Lawrence discovered the deception later with the help of an advocate.

Efforts to reconcile failed, as Priscilla neither supported her parents financially nor took care of them. Left with no other option, the couple approached the Human Rights Protection Foundation (HRPF) in Udupi for assistance. With HRPF’s support, they filed a complaint with the Kundapur Senior Citizens Tribunal.

After hearing arguments from both parties, the tribunal, chaired by Kundapur Assistant Commissioner Maheshchandra, annulled the fraudulent gift deed. It directed the Brahmavara sub-registrar to re-register the property in the couple’s name. The tribunal also mandated that the couple’s four children each provide Rs 1,000 monthly for their parents’ upkeep. Non-compliance, it warned, would invite action under Section 5(8) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

This ruling underscores the growing need to protect senior citizens from exploitation, particularly in property and financial security matters. The HRPF has hailed the verdict as a victory for elderly rights and a step toward ensuring accountability among family members.

As Lawrence D’Souza resumes driving his auto-rickshaw to support his family, he can now do so with the reassurance of having his rightful property back, says the HRPF activists