A money decree of a notified Malaysian superior court can be executed in India under section 44A of the Code of Civil Procedure. The creditor files a certified copy of the decree and a certificate of the amount unpaid in the Indian district court where the debtor lives or has assets. The debtor can only object on the grounds in section 13. Documents are attested through Wisma Putra and the High Commission of India.
- 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
- Law
- Sections 13, 14 and 44A, CPC 1908
- Direct execution
- Reciprocating territories only
Enforcing Foreign Judgments from Malaysia: how it works
We check that the decree is from a superior court covered by the Indian notification, and that it is a money decree rather than one for taxes, fines or penalties. We obtain a certified copy and a certificate of the unpaid amount from the Malaysian court, then pass them through the Wisma Putra and High Commission chain. We investigate the debtor's Indian assets through land, company and bank records. The creditor's power of attorney is attested through the same chain.
The execution petition is filed in the district court. The debtor is served and may object on section 13 grounds, such as fraud, a judgment not on the merits or breach of natural justice. Once objections are dismissed, the court can attach and sell property, attach bank accounts or order other measures. We consider seeking attachment early if there is a risk of assets being moved. Currency conversion and interest are set out in the petition.
What clients in Malaysia should know
- Decrees from Malaysian subordinate courts or tribunals may not fall within the notification, and a fresh suit may then be needed in India.
- Malaysian default judgments are enforceable, but the Indian court may examine whether the debtor was properly served in Malaysia.
- Syariah court orders are a separate category and are not executed under section 44A as money decrees of civil superior courts.
Step by step from Malaysia
Video consultation
A call at a time that suits Malaysia, after we have read your documents.
Documents signed in Malaysia
Malaysian notary public, then Wisma Putra authentication and attestation by the High Commission of India, Kuala Lumpur
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Malaysia where needed.
The full guide
This page covers what changes when you are in Malaysia. For the law, the documents and the step-by-step procedure, read our main page on Enforcing Foreign Judgments, or see all services for clients in Malaysia and the Disputes & Enforcement practice area.
Questions from clients in Malaysia
Do I need a new suit in India for a Malaysian judgment?
Not for a money decree of a notified superior court. An execution petition under section 44A is enough.
Can the debtor argue the case again in India?
No. The debtor can only raise section 13 objections, not reargue the merits.
What if the debtor's assets are in several Indian states?
Execution can be transferred to courts where assets are located. We plan the filings to reach the main assets first.