Foreign citizens of Indian origin can seek relief under Senior Citizens Act: Karnataka High Court

The ruling stems from a long-running family dispute involving Carobina Ferrao Gurien, an 83-year-old UK passport holder. Gurien had reportedly given her niece, Dephny Gladys Lobo, an independent house in Mangaluru.

In 2015, Gurien filed an application under Section 23 of the Act before the Subdivisional Magistrate, seeking a directive to evict Dephny and her husband, Fredrick Lobo, and to restore her possession of the property.

In 2016, the Lobos challenged the eviction proceedings. In March 2022, a single-judge bench ruled in their favour, accepting their argument that Section 2(h) of the Act restricts the definition of a “senior citizen” solely to an Indian citizen.

Advocate Cyril Prasad Pais, representing Gurien on appeal, argued that the definition of a senior citizen should not completely exclude individuals of Indian origin who hold property in India just because they accepted foreign citizenship. He said that a rigid interpretation would leave elderly non-resident Indians defenceless regarding their domestic properties.

Advocate K Chandranath Ariga, appearing for the respondents, maintained that the law explicitly requires a person who has crossed the age of 60 to be an Indian citizen to approach the authorities.

The bench in its order noted, “The facts of the instant case would show that appellant is a person of Indian origin who held an OCI card. The contention of the respondent is that the appellant has accepted UK citizenship and therefore not an Indian Citizen. We are of the opinion that the said contention is only to be discarded in the instant case.”

The court held, “We are of the opinion that the appellant, admittedly being a senior citizen, is entitled to avail the benefits of the Act.” The court has now directed the parties to appear before the authority after two weeks.