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What is the definition of coparcenary?

Updated: 5/4/2021
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6y ago

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Partnership in inheritance; joint heirship; joint right of succession to an inheritance.

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Hallie Gutmann

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Q: What is the definition of coparcenary?
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What is the difference between primogeniture and coparcenary rules of the Mughal empire?

In primogeniture, the eldest son of the king is the heir to the throne.In coparcenary, all the sons of a father are to share power equally.


Is a wife considered a coparcener to husband's estate?

Laws vary in different jurisdictions.English Common LawNo. Coparcenary was an estate that comes into existence when two or more daughters inherited jointly and equally from one ancester. Coparcenary estates were a complicated feature of English common law. Briefly, a coparcenary estate was an inheritance derived from an intestate estate (without a will) when there were no surviving male heirs, only female heirs. There could be no co-parcenary between male heirs since the English law of primogeniture provided that the land would descend to the eldest son.A special feature was that either of the coparceners could partition the land, or, force the sale. That feature was not available in early common law although it is available today in common law systems based on English Common Law.Coparcenery estates were not relevant in America since the law of primogeniture was not widespread in Colonial America and had practically disappeared by the time of the American Revolution. It was entirely abolished in 1798. Thomas Jefferson was a strong and persistent champion in its abolishment.IndiaYes, in certain cases. Parcenary is a more current issue in India and a more complicated issue since India has a system of land ownership governed by both civil and religious laws. There are also different categories of title to land in India. Laws passed in twentieth century India that sought to equalize the rights of widows and daughters have had mixed results. See related link for a 2005 Amendment to the Hindu Succession Act of 1956 that addressed coparcenary property and women's rights therein. This topic will be left to a contributor who is more expert in the laws of India.


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