Dharmendra Property: The condition of Dharmendra, popularly known as the He-Man of Bollywood, is currently said to be stable and he is recovering at home. According to media reports, he has been discharged from Breach Candy Hospital in Mumbai and is undergoing treatment at home. Meanwhile, discussion has started regarding Dharmendra’s property. For your information, let us tell you that Dharmendra had married twice. His first marriage was with Prakash Kaur. Later he converted to Islam and married Hema Malini. So according to this, the marriage of Dharmendra and Hema is not valid as per the Hindu Marriage Act, which raises the question as to how Dharmendra’s property will be divided between his two wives and six children. Let us discuss this in detail.

What do experts say?

Citing the Supreme Court’s decision in Narevansiddappa vs. Mallikarjuna (2023 INSC 783), the lawyer explained about the inheritance rights of the children born from the second marriage of actor Dharmendra. Giving information, he said that on September 1, 2023, the Supreme Court had given a historic verdict in the case of Revanasiddappa vs. Mallikarjuna. It clarified the legal status of inheritance rights of children born out of an invalid or voidable marriage. The case of Dharmendra’s daughters Isha Dev and Ahana Dev is also similar. The decision of the Supreme Court has removed the confusion which earlier prevented such children from getting rights in ancestral property.

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Will Isha and Ahana get the property?

If seen, Dharmendra’s second marriage with Hema Malini is invalid under the Hindu Marriage Act (HMA). Actually, Dharmendra’s first marriage was with Prakash Kaur. However, Section 16(1) of HMA gives Dharmendra’s two daughters from his second marriage the status of legitimate children in relation to their parents. The purpose of this law is to remove the stigma of being illegitimate from these children.

Limitation on property (Section 16(3)): The Supreme Court has clarified that this status of legitimacy does not automatically make them co-heirs in a Hindu joint family. His rights are limited to the property of his parents (Dharmendra and Hema Malini) and not to the property of anyone other than his parents.

The Supreme Court made it clear in the judgment of a case

During the hearing of a case, the Supreme Court has clearly ruled that the rights of children born out of void marriage are not limited to the self-acquired property of their parents. They are also entitled to an equal share in the ancestral/coparcenary property of their parents, which is calculated through a notional partition made immediately before the death of the parents.

This judicial interpretation has put an end to a long-running controversy. However, Isha Dev and Ahana Dev do not have coparcenary rights by birth, like Sunny and Bobby were born out of a valid marriage. Yet he has the right to inherit his father’s fixed share (both self-acquired and ancestral property).

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