Dharmendra–Hema Marriage ‘Illegal’? How His Wealth Could Split Between Two Wives & Six Children

Mumbai: Bollywood's He-Man Dharmendra (89) has passed away. Meanwhile, the discussion regarding his property has intensified. Dharmendra had married twice. His first marriage was with Prakash Kaur, from whom he has four children: Sunny, Bobby, Vijayata, and Ajeeta. The second one was from Hema Malini, who has two daughters, Isha and Ahana. Because of this, the question of heir has become complicated.

Will Isha-Ahana get a share?

If the second marriage is invalid under the Hindu Marriage Act, will Isha-Ahana get a share? Legal experts explained the entire calculation based on the decision of Revan Siddappa vs Mallikarjuna (2023 INSC 783). Will everyone get an equal share in Dharmendra's property worth more than Rs 1000 crore (Mumbai flats, Lonavala farmhouse, Punjab land)?

Second marriage invalid, but children valid—Supreme Court gives big relief in 2023

Dharmendra married Hema without divorcing Prakash Kaur, and this marriage is invalid under the Hindu Marriage Act (Section 5). But Section 16(1) of the Hindu Marriage Act says that children born from such a marriage will be considered "legitimate." According to lawyers, the Supreme Court decision of 2023 (Revan Siddappa vs. Mallikarjuna) can prove to be a game changer. Earlier such children used to get a share only in the self-acquired property of their parents, but now they have equal rights in the ancestral property also. That means Isha and Ahana will get both the ancestral (Punjab land) and self-earned (film earnings, farmhouse) shares of Dharmendra.

How will the property be divided—imaginary distribution formula, Sunny-Bobby will get more?

There will be a "notional partition" on Dharmendra's death under the Hindu Succession Act (Section 6). According to legal experts, suppose Dharmendra's ancestral property is Rs 100 crore; then his share will be taken out as 25%. Then this 25% will be distributed among his Class-1 heirs. Class-1 heirs include Prakash Kaur (wife), Sunny, Bobby, Vijayata, Ajita, Isha, and Ahana. There are a total of 7 heirs, and each will get an equal share, but Sunny and Bobby have got coparcenary rights by birth, which both daughters, Isha and Ahana, do not have. Therefore, Sunny-Bobby's share in the ancestral property is already safe, and Isha-Ahana will get equal benefit only in Dharmendra's fixed share. Everyone will get an equal share in self-acquired property.

Prakash Kaur—will the first wife get the biggest share?

Prakash Kaur is still alive and will get an equal share as a Class-1 heir. According to the law, the wife has the strongest rights, and she has a share in both self-acquired and ancestral property. If a will is not made, then it will be divided into 7 parts. Will Prakash Kaur's presence affect Isha-Ahana's share?

Has Dharmendra made any plans in advance?

If Dharmendra has made a will, then the law will follow it, and the share can also change. But till now there is no news of anyone making a will. Dharmendra had built the Lonavala farmhouse for both the families. Is this a sign that everyone will get equal?

Estimate of total wealth—more than Rs 1000 crore. Will division be easy?

Dharmendra's assets include flats in Mumbai, a farmhouse in Lonavala, land in Punjab, and film royalties. Estimated wealth would be more than Rs 1000 crore. If there is no will, a long battle may have to be fought in the court, but the 2023 decision makes Isha-Ahana stronger. The law gives rights to everyone, but the unity of the family is the real heritage.