Someone living in Malaysia can get most Indian legal work done remotely, but documents need consular attestation rather than an apostille, because Malaysia is not party to the Apostille Convention. The document is notarised in Malaysia, authenticated by the Ministry of Foreign Affairs at Wisma Putra and attested by the High Commission of India in Kuala Lumpur, then sent to India. Malaysia is a reciprocating territory, so money decrees of its notified superior courts can be executed in India under section 44A.
- Document route
- Malaysian notary public, then Wisma Putra authentication and attestation by the High Commission of India, Kuala Lumpur
- Time difference
- Malaysia is 2h30 ahead of IST all year
- Foreign judgments in India
- Reciprocating territory: section 44A
- Apostille with India
- Not in force: consular attestation
Malaysian Indians and their legal links to India
Most Malaysian Indians descend from families who came from the Madras Presidency and other parts of British India in the late nineteenth and early twentieth centuries to work on estates, railways and in trade. Many have long been Malaysian citizens with no Indian passport in the family for generations, yet some still have ancestral land, temple trusts or relatives in Tamil Nadu, Kerala, Andhra Pradesh or Punjab. Newer migrants, including Indian engineers, doctors and finance professionals, have closer and more recent ties.
The requests we receive reflect both groups. Older families ask us to trace and protect ancestral land, to transfer revenue records, to obtain a succession certificate for deposits left by a relative, or to resist encroachment by others who have occupied the land. They also ask about OCI eligibility. Newer migrants come with property purchases, powers of attorney and the attestation steps needed to make Malaysian papers usable in India. Our apostille and attestation service explains the document side in detail.
Getting Malaysian documents accepted in India
Because Malaysia has not joined the Hague Apostille Convention, there is no apostille route between Malaysia and India. Documents follow a chain of authentication:
- Sign before a notary public in Malaysia, who certifies your signature or a true copy. Government-issued documents, such as a Malaysian death certificate from the National Registration Department, may skip this step.
- Have the notarised document authenticated by the Ministry of Foreign Affairs at Wisma Putra in Putrajaya, which verifies the notary's signature.
- Have it attested by the High Commission of India in Kuala Lumpur, which verifies the Wisma Putra seal.
- Courier the original to India, where it is stamped within three months of arrival and, for property powers of attorney, authenticated or registered as the state requires.
Indian passport holders can instead sign directly before the consular officer at the High Commission, which avoids the notary and Wisma Putra steps. Documents in Malay need a certified English translation. We send you a checklist before each appointment so that nothing is returned.
Most requested services from Malaysia
These six services make up most of our Malaysian work. Each page explains how the matter runs from Malaysia, including the notary, Wisma Putra and High Commission attestation chain, and what happens in the Indian office or court.
OCI Card Issues
Many Malaysian Indians want an OCI card but must show that a parent, grandparent or great-grandparent qualifies, which is often hard for families who left India before 1950.
Succession Certificate
Deposits and shares left by relatives in India cannot be released to Malaysian heirs without a succession certificate.
Property Disputes
Ancestral land left unattended for decades is often occupied or sold by others, and Malaysian heirs need a lawyer to protect it.
Mutation & Transfer
Revenue records in Tamil Nadu and elsewhere often still show a long-dead ancestor, and the heirs must be recorded before the land can be dealt with.
Apostille & Attestation
Since Malaysia is not an apostille country, Malaysian documents must pass through Wisma Putra and the High Commission before Indian offices accept them.
Enforcing Foreign Judgments
Malaysia is a reciprocating territory, so a money decree from a notified Malaysian court can be executed against assets in India.
The India-Malaysia tax treaty and money movements
India and Malaysia have a double taxation avoidance agreement, revised in 2012, which allocates taxing rights and provides relief from double taxation. A Malaysian citizen or Indian non-resident is taxed in India only on Indian income, such as rent, interest and capital gains on Indian property, and the treaty can reduce rates on some items. Treaty relief requires a Malaysian tax residence certificate and Form 10F.
Malaysian citizens of Indian origin who inherit Indian property can sell it and repatriate the proceeds within the limits for NRO funds, with Forms 15CA and 15CB. Foreign citizens who are not OCI cardholders face restrictions on acquiring immovable property in India, though inheritance is permitted. Sale proceeds are subject to tax deducted at source by the buyer at non-resident rates, which is often reduced through a lower deduction certificate.
Malaysian judgments, family orders and recognition
Malaysia is a notified reciprocating territory under section 44A of the Code of Civil Procedure, so a money decree of a notified Malaysian superior court can be executed in India as if it were an Indian decree. The creditor files a certified copy and a certificate of the amount still unpaid in the Indian district court, and the debtor may raise only the grounds in section 13. Our page on enforcing foreign judgments in India covers the procedure.
Family law is more complicated. Non-Muslim marriages and divorces in Malaysia are governed by the Law Reform (Marriage and Divorce) Act 1976 in the civil courts, while Muslim family matters go to the Syariah courts. A Malaysian divorce between spouses who married in India under Indian law may not be recognised in India unless it satisfies the Narasimha Rao principles. Indian courts consider Malaysian custody orders but decide on the child's welfare, and India is not a party to the Hague Child Abduction Convention.
Practical points for clients in Malaysia
Malaysia is two and a half hours ahead of India throughout the year. A 7 pm call in Kuala Lumpur is 4.30 pm in India, which allows contact during Indian office hours. We send drafts by email and WhatsApp and arrange video calls in English or Tamil where the client prefers.
Courier from Malaysia to Mohali usually takes three to six working days. The attestation chain through Wisma Putra and the High Commission adds time, so we plan deadlines with that in mind. Indian courts often allow video hearings, and older family members can usually give consents through attested affidavits rather than travel. Clients in Singapore, where the document route is simpler, can compare our Singapore page.
All services for clients in Malaysia
NRI Property Law
- Property Disputes
- Encroachment & Illegal Possession
- Partition of Family Property
- Buying & Selling Property
- Title Search & Due Diligence
- Tenant Eviction
- Builder Delay & RERA
Inheritance & Documents
Cross-Border Family Law
- Divorce for NRIs
- International Child Custody
- Maintenance & Alimony
- Marriage Registration
- 498A & Dowry Case Defence
- OCI Card Issues
Doing Business in India
- Company Setup for Foreigners
- Indian Subsidiary Setup
- Branch & Liaison Office
- FDI & FEMA Compliance
- Trademark Protection in India
- Commercial Contracts
- Employment Law for Foreign Employers
- GST for Foreign Businesses
- Investing in Indian Startups
- Legal Advisory for NRI Investors
Disputes & Enforcement
- International Arbitration
- Enforcing Foreign Judgments
- Money Recovery from India
- Shareholder Disputes & NCLT
- Accident Compensation Claims
- Cyber & Investment Fraud
- Criminal Defence & Look Out Circulars
Cross-Border Tax & Money
Indian mission in Malaysia
The High Commission of India in Kuala Lumpur provides passport, OCI, visa and attestation services across Malaysia, with an outsourced service centre receiving many applications.
- High Commission of India, Kuala Lumpur
Frequently asked questions
Can I get an apostille in Malaysia for a document going to India?
No. Malaysia is not a party to the Apostille Convention. Documents are notarised, authenticated by the Ministry of Foreign Affairs at Wisma Putra and then attested by the High Commission of India in Kuala Lumpur.
Can a Malaysian court judgment be enforced in India?
Yes, if it is a money decree of a notified Malaysian superior court. It is executed in India under section 44A, subject to the debtor's limited section 13 objections.
My great-grandfather came from Tamil Nadu. Can I claim his land?
Possibly, if the land remains in the family's name or can be traced through records and you can prove your descent. We investigate the records before advising on a claim.
Am I eligible for an OCI card as a Malaysian Indian?
It depends on whether a parent, grandparent or great-grandparent was an Indian citizen on or after 26 January 1950, or eligible to be. Ancestry from before 1947 alone is usually not enough, so we review your family documents.
Can I buy property in India as a Malaysian citizen?
If you hold an OCI card, you can buy residential and commercial property but not agricultural land, plantations or farmhouses. Without OCI, a foreign national generally needs RBI permission, though inheritance is allowed.
Does India tax my Malaysian income?
No, not if you are a non-resident of India. India taxes non-residents only on Indian income, and the India-Malaysia treaty helps avoid double taxation.
How long does attestation in Malaysia take?
It depends on the notary, Wisma Putra and High Commission queues. Allow one to two weeks overall, and more around holidays.
Can my relatives in India represent me?
Yes, through a power of attorney attested through the Malaysian chain or signed at the High Commission. We draft it for the specific purpose.