Tribunal restores elderly couple’s house property gifted to their daughter

With the Senior Citizens’ Tribunal in Kundapura declaring the gift deed of a residential house executed by a senior citizen couple of Brahmavara in favour of one of their daughters as null and void, the Human Rights Protection Foundation, Udupi, that has been helping the couple get justice, said it will help the couple to take the issue to its logical end.

With the Senior Citizens’ Tribunal in Kundapura declaring the gift deed of a residential house executed by a senior citizen couple of Brahmavara in favour of one of their daughters as null and void, the Human Rights Protection Foundation, Udupi, that has been helping the couple get justice, said it will help the couple to take the issue to its logical end.

The Tribunal, headed by the Assistant Commissioner of Kundapura subdivision had on December 19, 2024, declared the gift deed executed by 80 year-old Lawrence D’Souza of Baikady village in Brahmavara taluk, in favour of daughter Priscilla Anil as null and void. Assistant Commissioner K. Maheshchandra had also directed the sub registrar to intimate the panchayat development officer concerned to restore the name of Mr. D’Souza as the owner of the property in panchayat records.

Speaking to reporters along with Mr. D’Souza and his wife Monthin D’Souza in Udupi on Saturday, foundation president Ravindranath Shanbhag said that after Ms. Priscilla failed to look after her elderly parents as envisaged in the gift deed, the couple approached the foundation for help. Working as a driver in buses and trucks for five decades, Mr. D’Souza ensured his four children, who were well settled now, received a good education. He was allotted a 5 cents house site by the government at Baikady in 1997 where he built a small house.

When Ms. Monthin fell ill in 2021, Ms. Priscilla, a resident of Karkala, looked after her. She had demanded the transfer of the house property to her name, to which the parents did not agree. Mr. D’Souza then became unwell in 2023 and the daughter looked after him. Following her pressure, Mr. D’Souza agreed to write a will transferring his house to the daughter after his death. In the guise of executing a registered Will, Ms. Priscilla got a gift deed registered, Dr. Shanbhag said. Learning about the mischief played upon them, the couple got a written undertaking from the daughter that she would look after them.

When the daughter began neglecting the parents and Mr. D’Souza was forced to drive an autorickshaw to make a living, the couple approached the foundation, which helped them approach the tribunal.

After hearing both the sides, the tribunal also directed the four children to pay ₹1,000 each as monthly maintenance to their parents. Mr. D’Souza said ₹4,000 a month was insufficient and he wanted the foundation’s help to file an appeal against the tribunal order.