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After 4 years of legal battle Monthin D’Silva (85) of Kallamundkur, D.K. District gets back her property from her children. Monthin had sought justice as her children not only neglected to take care of her at this ripe age, but also cunningly registered her 2.25 acres of land in their names.

Delivering a judgment on an appeal by the senior citizen, Mr. K.V.Rajendra, the DC and also the President of Senior Citizen Tribunal, Mangalore, declared that both the Partition Deed of 06.03.2009 and the Release Deed of 06.12.2014 executed by her, Null and Void.

Throughout her struggle the Human Rights Protection Foundation of Udupi guided and supported her as she was deceived by her children. 

Dr. Ravindranath Shanbhag, the president, Human Rights Protection Foundation, Udupi told reporters in Udupi on Monday that an appeal was filed to the Deputy Commissioner (Appellant Tribunal)  when Monthin’s children voilated the order of Assistant Commissioner, who had instructed Monthin’s children to send her monthly remittance of Rs 2,000 each so that she can lead a peaceful life. The children had arrogantly replied to the Assistant Commissioner that they would not send any money to the mother.

Background

Monthin’s husband Baptist D’Silva who expired in 2006 had purchased 6.25 acres of land in Kallamundkur village with the hope to help his wife Monthin, daughters Irene Saldanha, Rita Rodrigues, Lucy Rebello, Jacinta Periera and son Vincent D’Silva.

In 2009, children of Monthin decided to share the land property among themselves. But in the process, the ownership of 2.25 acres of land along with old house that was supposed to go to Monthin was cunningly registered by the children in their names. This was done by her children despite they getting their due share of land property.

Complaint to the Tribunal

Realizing that she was decieved by her own children in her later stage of life, in December, 2018 Monthin approached the Senior Citizen’s Tribunal, Mangaluru. In an order passed in March, 2019, the Tribunal directed the children to remit Rs 2,000 every month to their mother’s bank account and to return 2.25 acres of land to her. Even after 6 months of this order, when the children failed to commit themselves to this order, Monthin again approached the Tribunal. The Tribunal, then wrote a letter to police department and the revenue department to execute the court’s order. Despite all these efforts, Monthin could not get justice  and continued to be deprived of living a peaceful life.

Now, the Sub-Registrar of Moodbidre executed the order of the Deputy Commissioner (Appellant Tribunal) by cancelling both the Partition Deed and Release Deed  and reversing the entries in the Books. He also sent a communication to Tahsildar of Moodbidre to replace the names in the RTCs, said Dr Shanbhag.