DATA LEGACY: A STUDY ON THE NEED FOR DIGITAL INHERITANCE LAWS IN INDIA

AUTHOR – SANTHANU Y & SHAKTHI M.S

 STUDENTS AT B.COM LLB (HON’S), SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – SANTHANU Y & SHAKTHI M.S, DATA LEGACY: A STUDY ON THE NEED FOR DIGITAL INHERITANCE LAWS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 926-932, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

With the rise of the digital era and growing digital dependency the nature of property in itself has transformed with the emergence of a new kind of property, i.e., digital assets. These digital assets form a part of an individual’s estate often holding monetary and sentiment significance. Despite the growing significance in digital assets, there are no laws or regulations to ensure a smooth inheritance of the same after the death of an individual. The existing succession laws and cyber laws do not lay down any rules for digital inheritance. This paper explores the concept of digital inheritance, evaluates the challenges is digital inheritance and regulating it. It discusses the current legal standpoint of different countries on digital inheritance; assesses the current legal vacuum in India regarding digital succession, and provides proactive recommendations for codifying inheritance of digital assets.

Key words:  Digital inheritance, Digital estate, Digital assets, Service providers, Privacy