coparcenary

Coparcenary is a legal concept that refers to the joint ownership of property by a group of persons who have an equal right to possess and enjoy that property from the time it is acquired. The most common contexts in which coparcenary arises are in the inheritance systems of India, parts of the Middle East, and historically in European common law. In Hindu law, a coparcenary refers to a group of relatives—typically brothers, sisters, and laterally related families—who inherit property together upon the death of a progenitor. Each coparcener is entitled to one share and has the right to demand partition of the property. Historically, this right was preserved for male heirs only, but modern reforms have extended it to daughters in India. Under the Hindu Succession Act of 1956, coparceners may claim their share through a formal partition proceeding or by demanding that the whole property be sold and proceeds distributed.

In ancestor-based Islamic tradition, a similar notion exists under the term “Kharaj” and involves co‑owners who hold a community’s share of land. In some former colonial territories, British common law introduced a concept known as “co‑ownership” or “joint tenancy” that bears resemblance to coparcenary, particularly in the treatment of widow’s property.

Key features of coparcenary include joint possession, equal rights to the whole estate, and the right to demand partition. A coparcener can also sue on behalf of the whole to protect the property. Modern legal systems, however, frequently regulate coparcenary differently: it is sometimes abolished, restricted to certain estates, or subject to proportional inheritance rights. The concept continues to influence contemporary property and succession disputes across diverse legal traditions.