Coparcenary

Coparcenary is the concept whereby two or more people inherit a title equally between them as a result of which none can inherit until all but one have renounced their right to the inheritance. This could arise when a title passes through and vests in female heirs in the absence of a male heir. Before they could inherit, each of the females heirs would be an heir presumptive. After they inherited, since the title could not be held by two people simultaneously, two daughters (without a brother) who inherited in this way would do so as co-parceners. In these circumstances, the title would in fact be held in abeyance until one of them renounced for herself and her successors in favour of the other. In England and Wales, passage of a title in this fashion is effected under the rules laid down in the Law of Property Act 1925.

The term coparcenary is not in use in the United States, joint heirship being considered as tenancy in common.

It is common in Hindus in India, whereby members of a (Joint) Hindu Undivided Family (HUFs) usually hold assets available through inheritance. The HUF have a corporate body like structure (evolved over thousands of years), whereby the liability of each member (co-parcenar) is limited to their undivided share in HUF. The head of the family (known as Karta, either the senior-most male member or the eldest son of the decreased karta or anybody else from the family nominated as such), is vested with authority to control decisions related to HUF. His liability towards the HUF creditors, is however, unlimited.

 This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed (1911). Encyclopædia Britannica (11th ed.). Cambridge University Press.