Who Owns Your Digital Assets After a Person Dies? Gandhinagar Court Says Legal Heirs Do; Directs Apple to Hand Over the Data
“The right to privacy, being an inherently personal right, does not survive the death of the individual.”
Indian Succession Act 1925
Propounder must dispel suspicious circumstances to sustain will’s validity; Bombay HC upholds Rejection of Mother’s Will
“When there were allegations of the existence of suspicious or unusual circumstances, peculiar and unique to the factual complexion, the same ought to be examined and taken to its logical conclusion.”
No statutory time limit prescribed for registration of a Will; Posthumous registration valid: Karnataka HC
“The combined reading of Sections 23 and 27 of the Registration Act, 1908, clearly do establishes that, Wills are not subject to the four months limitation period applicable to other documents, and may be registered either before or after the death of the testator.”
Executor appointed in probate proceedings cannot be removed unless gross misconduct or mismanagement, abuse or misuse of probate is demonstrated: Delhi High Court
The Delhi High Court held that naming of an administrator pendente lite would not come up unless and until the Executor was initially removed by the appropriate Court as per Section 301 of Succession Act, 1925. Further, it was held that an executor appointed in probate proceedings would not be readily removed unless gross misconduct, gross mismanagement, abuse, or misuse of probate was demonstrated.