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Gandhinagar Court Holds iCloud Data Forms Part of Deceased’s Estate; Grants Daughter Letters of Administration

In a significant ruling on the inheritance of digital assets, the Court of the 3rd Additional Senior Civil Judge, Gandhinagar, has held that digital data stored in a deceased person’s Apple iCloud account constitutes a valuable asset forming part of the deceased’s estate and is capable of administration under succession law. The court consequently granted Letters of Administration in favour of the deceased’s daughter and directed Apple Distribution International Limited and its affiliates to assist in recovering the data associated with the account.


The petition was filed by Smt. Sadhna Shaishav Shah and Ms. Sur Shaishav Shah under Sections 218, 219, 220, 278 and 283 of the Indian Succession Act, 1925, seeking administration of the digital estate of late Shaishav Dineshbhai Shah, who died intestate on April 24, 2025. The estate included an Apple iPhone 13 Pro Max and an associated iCloud account containing photographs, videos, documents, voice notes and contact lists.


Accepting the submissions advanced by Advocate J. J. Bhatt, the court observed that existing Indian law contains sufficiently broad definitions of “property” and “movable property” to encompass digital data. Relying upon statutory provisions and judicial precedents, the court held that digital assets may devolve upon legal heirs through succession proceedings.


Addressing privacy concerns, the court further held that the right to privacy is an inherently personal right that does not survive the death of an individual. In the absence of a nominee under the Digital Personal Data Protection Act, 2023, rights relating to management of the deceased’s digital data would devolve upon the legal heirs for purposes of estate administration.

 
 
 

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