HRPF Initiative: Senior Citizen Lawrence D’Souza of Brahmavar Reclaims His Property
Udupi: In a significant victory for 80-year-old Lawrence D’Souza, a resident of Baikady in Brahmavar, the Kundapur Senior Citizens’ Forum declared a donation deed written by D’Souza in his daughter’s name invalid. The forum directed the sub-registrar to provide the necessary documents to reinstate the house in D’Souza’s name in the panchayat records.
In a press conference Dr. Ravindra Nath Shanbhag, president of the Udupi Human Rights Protection Foundation, which provided guidance and legal assistance to D’Souza from the beginning, stated that the organization would continue to guide D’Souza until he receives complete justice.
Lawrence D’Souza, a poor man who grew up in poverty, worked as a lorry and bus driver for over five decades. Despite being uneducated himself, he ensured that his four children received good education. Currently, all his children are married and living with their respective families.
In 2021, when D’Souza’s wife, Montina, fell ill, their second daughter, Prescilla, came to take care of her. Later, when D’Souza himself fell sick in 2023, suffering from diabetes and high blood pressure, Prescilla again took care of him. During this difficult time, Prescilla began forcing D’Souza to transfer the house in her name, threatening to abandon him if he didn’t comply.
Initially, D’Souza had written a donation deed in Prescilla’s name, but later, under pressure from his daughter, he agreed to create a will in her favor. This was because the original allotment document for the house, provided by the government, had a condition that the property could not be transferred to anyone for 25 years.
D’Souza, who had discussed this with his wife, agreed to the will with the condition that “as long as we are alive, you will take good care of both of us and after our death, the property will be yours.”
On April 14, 2023, Prescilla, the daughter, took her parents, Lawrence D’Souza and his wife, to the sub registrar’s office in Brahmavar and got a donation deed prepared in her name without their knowledge, instead of registering a will as promised. Prescilla also obtained her mother’s signature as a witness for the donation deed.
When Lawrence D’Souza realized he had signed a donation deed instead of a will, he approached a lawyer and was informed about the mistake. D’Souza then entered into an agreement with Prescilla, stating that she would take care of him and his wife for the rest of their lives and that the property would be hers after their death.
However, Prescilla failed to fulfill her promise, and D’Souza approached the Udupi Human Rights Protection Foundation for help. The foundation helped D’Souza file a complaint with the Kundapur Senior Citizens’ Forum.
Prescilla argued before the forum that the allegations made by her parents were false and baseless. She claimed to have spent over ₹10 lakh on their medical expenses and was willing to take care of them.
The president of the forum, K. Maheshchandra, ruled that the donation deed was invalid, as Prescilla had failed to fulfill her promise to take care of her parents. The forum directed Prescilla to provide ₹4,000 per month to her parents for their daily expenses and ordered her to return the original documents related to the property.
Lawrence D’Souza expressed his dissatisfaction with the forum’s decision, stating that ₹4,000 was insufficient for their monthly medical expenses, which exceeded ₹8,000. He requested the foundation’s help in appealing to the district authorities for a higher maintenance amount and in retrieving the original property documents from his daughter.
The foundation’s president, Dr. Ravindra Nath Shanbhag, assured D’Souza that they would continue to support him until he received justice.
