Key takeaway
A money decree from a superior court of a country notified by India as a “reciprocating territory” — such as the UK, Singapore, New Zealand or the UAE — can be executed in an Indian district court almost as if it were an Indian decree. A judgment from a non-reciprocating country, such as the United States or Canada, cannot be executed directly; you must file a fresh suit in India based on it, generally within three years. Either way, the judgment must not fall within the exceptions in section 13 of the Code of Civil Procedure.
When is a foreign judgment conclusive?
Under section 13 CPC, a foreign judgment is conclusive between the parties except where it:
- was not pronounced by a court of competent jurisdiction;
- was not given on the merits of the case;
- appears to be founded on an incorrect view of international law or refuses to recognise Indian law where applicable;
- was obtained in proceedings opposed to natural justice;
- was obtained by fraud; or
- sustains a claim founded on a breach of Indian law.
Route 1: reciprocating territories (section 44A)
- Applies to decrees for money (not taxes, fines or penalties) from superior courts of notified countries.
- Notified territories include the United Kingdom, Singapore, Bangladesh, Malaysia, New Zealand, Hong Kong, Fiji and others, and the United Arab Emirates was notified in 2020. Check the current list.
- File a certified copy of the decree, with a certificate of the extent of satisfaction, in the district court for execution. The judgment debtor can resist only on section 13 grounds.
Route 2: non-reciprocating countries
- File a civil suit in India on the foreign judgment (or on the original cause of action).
- The suit is generally subject to a three-year limitation from the date of the foreign judgment.
- The defendant can raise section 13 defences; the foreign judgment serves as strong evidence.
Family law decrees
Foreign divorce and matrimonial decrees are tested under section 13 as interpreted by the Supreme Court. See will India recognise your foreign divorce?
Foreign arbitral awards
Awards made in New York Convention countries notified by India are enforced under Part II of the Arbitration and Conciliation Act, 1996, through the High Court, on limited grounds of refusal. This is often easier than enforcing a court judgment. See arbitration and mediation.
Practical steps
- Locate the debtor’s assets in India.
- Obtain certified and apostilled copies of the judgment and decree.
- Choose the correct route and court.
- Seek attachment of assets during proceedings where justified.
Holding a foreign judgment?
Tell us the country, court and assets in India.
Related guides
- All NRI legal guides
- Handling a court case in India while living abroad
- Recovering money owed in India
- Civil litigation for NRIs (service)
References
- Code of Civil Procedure, 1908, sections 13, 14 and 44A — India Code
- Ministry of Law and Justice notifications of reciprocating territories (including UAE, 2020)
- Arbitration and Conciliation Act, 1996, Part II
- Limitation Act, 1963
Last reviewed: November 2026.
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.
