Heirs living in Malaysia need a succession certificate from an Indian district court to collect bank deposits, shares, bonds and other debts and securities left in India. For land and houses, the usual route is a legal heir certificate from the revenue office followed by mutation, or probate or letters of administration where there is a will. All of this can be done from Malaysia through a power of attorney.
- Document route
- High Commission of India attestation
- Time difference
- 2.5 hours ahead of IST
- Handled in India at
- District court and revenue office
- Travel to India
- Usually none
How it works from Malaysia
We first list the assets and where each one sits, because that decides the court and the route. A petition for a succession certificate is filed in the district court where the deceased ordinarily lived or where the asset is. The court issues a newspaper notice, waits for objections for about forty-five days, records the petitioner's evidence and grants the certificate on payment of court fee, which varies by state. Evidence from Malaysia can usually be given by affidavit or through your attorney holder.
Papers from Malaysia need care. A Malaysian death certificate, and any Malaysian grant of probate, should be notarised, endorsed by the Ministry of Foreign Affairs at Putrajaya and attested by the High Commission of India in Kuala Lumpur. Where the family has lived in Malaysia for generations, the Indian record may still show a grandparent as owner. We then obtain death and heirship documents for each generation so that the chain is complete before mutation is applied for.
What is different for NRIs in Malaysia
- Malaysia is not a party to the Apostille Convention as on date, so documents follow the consular attestation chain, not apostille.
- For Muslim families, shares in Indian assets follow Muslim personal law as applied in India. A Malaysian faraid certificate is helpful evidence of heirs but does not bind the Indian court.
- Neither Malaysia nor India levies inheritance tax. Tax arises only later, on rent or on sale.
Step by step from Malaysia
Free review call
Malaysia is two and a half hours ahead, so calls are held from late morning onwards. We read your papers on a succession certificate or inheritance claim first, so the call is about your options and not a repeat of the facts.
Authority from Malaysia
Where a representative must act for you in India on a succession certificate or inheritance claim, you sign at the High Commission of India in Kuala Lumpur, or use a notary, the Ministry of Foreign Affairs and then the High Commission. We draft the document and send signing instructions.
Work in India
In India, we file the petition, publish the court notice, lead your evidence by affidavit or video and collect the certificate. Updates for clients in Malaysia go by email and WhatsApp with scans of whatever is filed.
Result and handover
At the end you receive the certified court order and we help present it to each bank, company and registry. Originals are couriered to your address in Malaysia if you need them.
The law in full
This page covers what changes when you handle a succession certificate or inheritance claim from Malaysia. For the Indian law, the complete document checklist, common mistakes and more questions, read our main page on Succession Certificate & Inheritance. For other matters, see all legal services for NRIs in Malaysia or the Inheritance, Wills & Documents practice area.
Questions from NRIs in Malaysia
Is a Malaysian letter of administration accepted by banks in India?
No. Indian banks ask for a succession certificate, or probate or letters of administration issued in India, for larger balances. The Malaysian grant is used as supporting evidence.
How long does a succession certificate take?
Uncontested matters commonly take six to ten months, depending on the court. Objections by other heirs make it longer.
Do all heirs in Malaysia have to come to India?
No. One heir can petition with no-objection affidavits from the others, attested through the High Commission, or all can act through a common attorney holder.