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Supreme Court clarified that children from Dharmendra’s second, invalid marriage with Hema Malini have inheritance rights to both parental and ancestral property, though they don’t gain joint family rights, ensuring fair distribution among all class-1 heirs.
Dharmendra's Property and Legitimacy Dispute
Mumbai: Bollywood actor Dharmendra's health condition remains critical. He has been discharged from Mumbai's Breach Candy Hospital for treatment at home. Meanwhile, discussions have intensified regarding his property and his share in the inheritance of his family members.
Dharmendra was married twice—first to Prakash Kaur and second to Hema Malini. Since the second marriage is not considered valid under the Hindu Marriage Act (HMA), questions arise about how his property will be divided and what rights the children born from both marriages will have.
Advocate Kamlesh Kumar Mishra, citing a recent Supreme Court decision (Revanasiddappa v. Mallikarjun, 2023), explained that the inheritance rights of children born from void or annulable marriages have become clear.
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Dharmendra's daughters, Esha Dev and Ahana Dev, fall under this category. The Supreme Court determined that such children are also entitled to a share in their parents' property.
Dharmendra's second marriage to Hema Malini is considered invalid under the HMA. However, under Section 16(1) of the HMA, Dharmendra's two daughters are considered legitimate children. This means that their rights are limited to their parents' property.
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They do not automatically have coparcenary rights to their father's Hindu Joint Family (HJF) share, but only to their individual and ancestral share.
The Supreme Court clarified that the ancestral property will be divided notionally. Dharmendra's share will be distributed among all his Class-1 heirs. This will include his first wife, Prakash Kaur; his mother (if alive); and his children from his first marriage—Sunny, Bobby, Vijeta, and Ajita—as well as his daughters, Esha and Ahana, from his second marriage.
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The Supreme Court's decision has put an end to a long-standing dispute. Children born from an invalid marriage also have equal rights in their father's property. Although they do not receive coparcenary rights, they are entitled to a share in their father's self-acquired and ancestral property. This judicial interpretation has brought clarity to family and property disputes.
