Coparcenary
Encyclopedia
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.
Heir Presumptive
An heir presumptive or heiress presumptive is the person provisionally scheduled to inherit a throne, peerage, or other hereditary honour, but whose position can be displaced by the birth of an heir or heiress apparent or of a new heir presumptive with a better claim to the position in question...
. 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
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, passage of a title in this fashion is effected under the rules laid down in the Law of Property Act 1925
Law of Property Act 1925
The Law of Property Act 1925 is a statute of the United Kingdom Parliament. It forms part of an interrelated programme of legisation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The programme was intended to modernise the English law of real property...
.
The term coparcenary is not in use in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, joint heirship being considered as tenancy in common.
It is common in Hindus in India, whereby members of a (Joint) Hindu Undivided Family
Hindu Undivided Family
Hindu undivided family is a legal term related to the Hindu Marriage Act. Due to the development of Indian Legal System, of late, the female members are also given the right of share to the property in the HUF...
(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.