Senior citizen fights back, gets justice

MANGALURU: An 82-year-old woman who was deprived of her property by her own kin has finally got justice.
Stella D’Souza, a spinster from Vamanjoor, was duped by her sister-in-law Juliana D’Souza, who cheated her of five cents property, including a house.
Mangaluru assistant commissioner Ashok, who is also the chairman of the Senior Citizens Welfare Board, stated in his order that it was clear by the documents submitted by the petitioner that the accused had misused her trust, old age and incapability.
According to the case details given by Dr Ravindranath Shanbagh, president, Human Rights Protection Foundation, Udupi, Stella, along with her sister Pauline Marveline D’Souza, who was also a spinster, jointly purchased five cents of immovable property in Tiruvail Village in 1996. Pauline passed away in 2008 and according to her will, the property right vested with Stella.
After the death of Pauline, Stella used to live alone and Juliana used to visit her and often advise her about the safekeeping of documents.
During one such visit, Juliana persuaded Stella to keep the documents safe at sub-registrar’s office.
On August 30, 2011, she accompanied Juliana to Mangalore sub-registrar’s office and executed some papers, presuming the procedure was for safekeeping.
Later, Stella realized that Juliana tricked her and executed a sale deed of her property in her favour. The petitioner contended that Juliana got her name recorded in RTC and intending to sell the property she acquired by misrepresentation. Stella lodged complaint with JMFC III court as a private complaint.
She approached the assistant commissioner’s court seeking protection under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, stating that Juliana took advantage of her old age and incapability.
She requested the assistant commissioner to pass an order declaring the sale deed executed in favour of Juliana as null and void and restore the property to her.
Dr Shanbhag said Juliana had stated in the sale deed that she had paid Rs 3.3 lakh in cash which was not endorsed by the sub-registrar. The accused also failed to give proof of how she managed to arrange cash on the day the property was bought by her.
Stella D’Souza, a spinster from Vamanjoor, was duped by her sister-in-law Juliana D’Souza, who cheated her of five cents property. She approached the assistant commissioner’s court seeking protection under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, stating that Juliana took advantage of her old age and incapability.