Gujarat Court Recognises Deceased Man’s iCloud Data As Part of Estate, Grants Daughter Access Rights

In a significant ruling on the growing issue of inheritance of digital assets, a Gandhinagar court 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 being administered under succession law. The court consequently granted Letters of Administration in favour of the deceased man's daughter and directed Apple to assist in recovering the data associated with his account.

The order was passed by Himanshu Choudhary, 3rd Additional Senior Civil Judge, Gandhinagar, while allowing a petition filed under the Indian Succession Act, 1925 by Sadhna Shaishav Shah and her daughter Sur Shaishav Shah concerning the digital estate of late Shaishav Dineshbhai Shah. The petitioners were represented by Advocate J. J. Bhatt.

According to the petition, Shaishav Shah died intestate on April 24, 2025, leaving behind his wife and daughter as his only Class-I legal heirs. The dispute did not concern conventional property but an Apple iPhone 13 Pro Max and the associated Apple ID and iCloud account containing photographs, videos, documents, voice notes and contact lists of immense sentimental and practical value to the family.

The family approached Apple seeking access to the account. Apple informed them that it could facilitate a password or security reset for the iCloud account only if the requester was formally appointed as the legal personal representative or administrator of the deceased's estate through a court order containing specific declarations regarding the deceased's ownership and the authority of the applicant.

After publication of public notice and in the absence of any objections, the court examined the evidence placed on record, including the death certificate and communications with Apple. During the proceedings, the widow filed a no-objection declaration consenting to the appointment of her daughter as the sole administrator of the estate.

The court accepted the petitioners' submissions that the existing legal framework in India is broad enough to recognise digital data as a form of property. It referred to statutory provisions relating to movable property and digital assets and noted that modern legal developments increasingly acknowledge the proprietary nature of digital resources.

Holding that digital assets can form part of a deceased person's estate, the court observed, "This Court is persuaded that the digital data stored in the Apple iCloud account of the Deceased constitutes a valuable digital asset forming part of the estate of the Deceased, capable of administration under the Act."

The court further stated that the existing legal framework, including broad definitions of movable property and judicial interpretations of the term "property", was "sufficiently expansive to accommodate digital data within the conceptual scope of property."

Addressing privacy concerns, the court held that the right to privacy is an inherently personal right and does not survive the death of an individual. Relying on precedents dealing with posthumous privacy rights, it concluded that privacy claims could not be invoked to prevent lawful heirs from administering a deceased person's digital estate. The court also observed that where no nominee has been appointed under the Digital Personal Data Protection Act, 2023, rights relating to management and access of digital data would logically devolve upon legal heirs for the limited purpose of administering the estate.

Allowing the petition, the court appointed Sur Shaishav Shah as the administrator of the estate and granted Letters of Administration in respect of the iPhone and the associated Apple account. It directed Apple Distribution International Limited and its affiliates to assist in recovery of the deceased's data and provide support, "to the extent technically feasible", for recovery of any locally stored data on the device.

Case Title: Smt. Sadhna Shaishav Shah and Anr. v. Nil

Date of Order: May 5, 2026

Bench: Himanshu Choudhary, 3rd ASCJ, Gandhinagar