Author: Anisha Vatsa, Banasthali Vidyapith

In today's world, as we all know, individuals no longer exist solely in the physical realm rather they also maintain a digital presence of themselves referred to as a digital footprint. This digital existence has also given rise to the new concept of digital inheritance which means transferring of digital assets in case of death of a person. Digital assets are any item that exists in the digital form that are attached with usage rights and permission. These assets can include digital documents, audio files, motion pictures, and any other relevant information which are currently being circulated or stored on a digital appliance, such as computer,laptops, mobile phones or data storage devices. The process of transferring these digital assets to beneficiaries as a part of a deceased person’s estate is what constitutes digital inheritance.  

Both in Hindu and Muslim law inheritance has been considered to be a compulsory and legally enforceable right of the legal heir, ensuring the orderly transfer of property and assets from a deceased person to their successors, based on prescribed rules of succession and kinship. Hence, digital inheritance is also a form of inheritance that shall be considered important, as it involves the transmission of valuable digital assets and rights to rightful heirs in the modern era. Regardless, currently there are many obstacles regarding successful digital inheritance process, as many laws such as estate laws or privacy laws are still catching up with the modern ways.

• As this area is still relatively new and continues to emerge as a significant and evolving concept in today’s digital era, several critical issues have begun to surface around it. Among the most pressing concerns are the protection of users' privacy, the safeguarding of intellectual property rights in the online domain, and the determination of legal liability for digital corporations and platforms operating within this space.

• In Aloysius Manuel D’Souza Vs Mary Kamal (2006) it was debated whether the Indian succession act should be amended to address digital assets or not? It was said that in digital inheritance the heir faces delays accessing the digital wealth because most of these inheritance require an expert's intervention. 

• Another crucial issue that needs to be carefully considered in the current digital age is the importance of managing digital assets after the death of an individual. This is particularly significant because certain online accounts—such as social media profiles, email accounts, cloud storage, and digital photo albums—often hold deep sentimental value for the family members, close friends, and loved ones of the deceased. These digital remnants serve as cherished memories and emotional connections to the departed individual. However, while these accounts are meaningful for those mourning the loss, they hold an entirely different kind of value for malicious actors on the internet. Online hackers, identity thieves, fraudsters, and cyber trolls often target inactive or unmonitored accounts with the intent of stealing the identity of the deceased. They may exploit these accounts to commit cybercrimes, launch phishing or malware attacks, or even sell personal information on the dark web. The misuse of such accounts not only disrespects the memory of the deceased but also poses a serious threat to the privacy and security of others online. Therefore, the proper and secure management of digital assets after death is not only a matter of emotional closure for the family but also a necessary step to ensure cybersecurity and prevent digital exploitation.

• This situation was reflected in the case of Justice K.S. Puttaswamy Vs Union of India (2017) 10 SCC 1,where the Supreme Court recognized the right to privacy as a fundamental right under Article 21 of the Constitution. Although not specific to inheritance, the ruling emphasised the need to protect personal data and digital identity, especially after death, thereby strengthening the case for proper digital estate planning.

Digital assets that are present in the name of a person doesn't mean that the person actually owns that but these are in the custody of a third party or intermediaries such as cloud service providers, email, social media companies etc. In today’s time digital asset management has become more convenient and advanced from before to make it easier for individuals to have access to it. Tech companies offer solutions to users to designate who will manage their digital assets in case they pass away. There are services like everplans or FutureVaults which allows individuals to store their personal information,passwords and instructions for their trusted loved ones or executors on their death. Platforms like google and apple had made it easier for the people to designate their legal heir such as google has a inactive account manager that lets the person set a plan for what happens to one’s account in case it becomes inactive for a longer period, similarly apple designate a legacy contract for apple id and digital purchase.

With the concept of digital inheritance one can preserve the memory of the deceased by safeguarding their photos, videos, messages, blogs and other personal memories. It not only helps retain sentinel value but also plays a crucial role in preventing unauthorised access or misuse of digital accounts by hackers or fraudsters, thereby protecting sensitive information from being exploited after the death of the person. Moreover, digital inheritance extends to valuable digital assets such as cryptocurrencies or business-related accounts, ensuring that their financial worth is not lost and rightful access is maintained by legal heirs. 

In Amar Nath Sehgal v. Union of India, 2005(30) PTC 253 (Del), Delhi High Court said about the moral and legal right to control one’s intellectual property, even posthumously. While the case was about copyright, it established a precedent for post-death control of creative digital content, thus strengthening the argument for managing digital legacy.

As people are moving to a more digitalised era, digital inheritance is no longer a modern or new fashioned  idea but a pressing legal and emotional necessity. Giving the recognition of rights of legal heirs over digital property has become crucial both in order to preserve memories and prevent exploitation.  Changes in legislative, platforms cooperation and digital estate planning plays the key roles in making this process efficient and just.