Country Guide · Malaysia

Legal Help in India for NRIs Living in Malaysia

For Indian citizens, OCI cardholders and Indian-origin families in Kuala Lumpur, Penang, Johor and across Malaysia with property, inheritance or family matters in India.

  • Documents attested by the High Commission
  • Property and inheritance in India
  • Enforcing Malaysian money judgments
  • Only 2½ hours’ time difference

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Get Help from Malaysia

Tell us where in Malaysia you live and where in India your matter is.

Common matters

Matters Malaysia-Based NRIs Most Often Raise

Families in Malaysia often have ancestral property in Tamil Nadu, Kerala, Punjab and other states that needs attention.

Inheritance

Claiming a share in a parent’s or grandparent’s property.
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Partition of family property

Dividing family property with relatives in India.
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Occupied or disputed property

Property occupied or managed by relatives without consent.
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Power of Attorney

Authorising someone in India to act for you.
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Selling or buying property

Selling property in India and moving the proceeds.
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Legal heir certificate

Getting a legal heir certificate for records and pensions.
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Documents signed in Malaysia

Getting Documents Signed in Malaysia Accepted in India

Malaysia is not a party to the Apostille Convention, so documents are attested by the Indian High Commission. Confirm what the receiving office needs.

Indian High Commission attestation

  • India’s mission in Malaysia: the High Commission of India in Kuala Lumpur.
  • For a power of attorney or affidavit for use in India, you generally sign in person before the consular officer with your original passport.
  • Check the High Commission website for current fees, appointments, photographs, witnesses and whether an outsourced centre handles applications.
  • Malaysia is not a party to the Apostille Convention, so apostille is not available for documents from Malaysia.

Before you sign

  • Get the draft prepared or reviewed by your lawyer in India before you sign.
  • Keep the text specific — the property, the acts allowed and the time period.
  • Carry your passport, Malaysian identity or residence documents and copies of the property papers.
  • Some Indian banks and builders have their own formats — ask for them in advance.

Once the document reaches India

  • Have it stamped in India within three months of receipt, as the applicable stamp law requires — usually by adjudication at the stamp office.
  • A Power of Attorney used to register a sale or other deed must satisfy the authentication requirements of the Registration Act, 1908.
  • Register the deed where registration is compulsory, through your attorney holder at the sub-registrar’s office.
  • Keep scanned and certified copies — originals are sometimes retained by the registering office or a court.

Practical tips

  • Keep the power of attorney specific to the property or task.
  • Make sure your name matches across passport, identity card, OCI card and Indian records.
  • Send originals to India by tracked courier and keep scans.
  • Remind your attorney holder about the three-month stamping deadline in India.

Tax, banking & FEMA

Money Matters Between India and Malaysia

Two tax systems can touch the same transaction. Take advice in India and where you live before you sign.

On the Indian side

  • Capital gains on selling property in India are taxed in India. The buyer must deduct tax at source when buying from a non-resident — under section 393(2) of the Income-tax Act, 2025 from 1 April 2026 (earlier section 195 of the 1961 Act).
  • If the TDS would exceed the tax actually due, you can apply to the Income Tax Department for a lower or nil deduction certificate before the sale.
  • Sale proceeds and other NRO balances can be repatriated up to USD 1 million per financial year under RBI rules, usually with Forms 15CA/15CB.
  • Under FEMA, NRIs and OCIs may buy residential and commercial property but not agricultural land, plantations or farmhouses — though they can inherit them.

On the Malaysian side

  • Malaysian tax rules on foreign-sourced income and gains depend on your residence status and the type of income.
  • The India–Malaysia tax treaty and foreign tax credit rules may reduce double taxation.
  • These are Malaysian tax questions — consult a local tax adviser. This page covers Indian law only.

Courts & family matters

Indian Court Proceedings from Malaysia

Video appearance

Many Indian courts allow parties abroad to join by video, subject to each High Court’s rules and the court’s permission.

Vakalatnama

Your lawyer appears for you on a vakalatnama that can usually be signed in Malaysia and sent to India.

Malaysian money judgments

Malaysia is a notified reciprocating territory under Section 44A of the Code of Civil Procedure, so certain money decrees of its superior courts can be executed in India.

Malaysian divorce decrees

Recognition in India depends on Section 13 of the Code of Civil Procedure — jurisdiction and grounds matter.

Children across borders

India is not a party to the Hague Child Abduction Convention; Indian courts decide custody on the child’s welfare.

Time difference

India is 2½ hours behind Malaysia.

FAQs

Frequently Asked Questions

Can I get an apostille in Malaysia for a document for India?

No. Malaysia is not a party to the Apostille Convention, so the High Commission attests documents instead.

Can I claim a share in my grandfather’s property in India?

Possibly. It depends on the applicable succession law and the property’s history. Get advice with whatever documents you have.

Can a Malaysian money judgment be enforced in India?

Certain money decrees of Malaysian superior courts can be executed in India under Section 44A CPC.

Related

Related NRI Services

NRI Power of Attorney

Authorising someone in India.
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NRI property disputes

Title, ownership and possession.
Explore →

NRI inheritance

Heirs living abroad.
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NRI divorce

Divorce in India from abroad.
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Other countries

NRI legal support worldwide.
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NRI legal FAQs

Common questions answered.
Read →

Handle Your Matter in India from Malaysia

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The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action. Last reviewed: November 2026.