An NRI in Malaysia cannot use an apostille for a Power of Attorney used in India, because Malaysia is not a party to the Hague Apostille Convention. Instead, a POA executed in Malaysia must be notarized, then attested by Wisma Putra (Malaysia's Ministry of Foreign Affairs) in Putrajaya, and finally attested by the Indian High Commission in Kuala Lumpur, before it can be registered and used for a property transaction in India.
Executing a Power of Attorney from Malaysia -- the consular legalization route
Malaysia has not acceded to the 1961 Hague Apostille Convention -- confirmed on the Hague Conference's
own official status table -- so a Power of Attorney executed there cannot rely on a single apostille the
way a POA from Germany, Singapore, or New Zealand can. Instead, it follows a three-step legalization
chain: notarization in Malaysia, attestation by Wisma Putra (Malaysia's Ministry of Foreign Affairs)
Consular Division in Putrajaya, and finally attestation by the Indian High Commission in Kuala Lumpur.
This is the same structural pattern NRIs in Qatar or Kuwait already follow, just with Malaysia's own
government authority in the middle step.
Specific vs. General Power of Attorney
A Specific POA authorizes only a named act -- for example, selling one identified
property -- and is generally the safer, more readily accepted option for a one-time transaction. A
General POA grants broader, ongoing authority and should only be given to someone trusted
completely, since misuse carries higher risk.
Selling inherited property in India as an NRI in Malaysia
Once succession formalities are complete (see this platform's Inheritance section), an NRI selling
inherited property in India must account for TDS on the sale under the applicable provisions for NRI
sellers -- typically at a higher rate than for resident sellers unless a lower-deduction certificate is
obtained from the Assessing Officer in advance. Sale proceeds credited to an NRO account can then be
repatriated up to the USD 1 million per financial year limit described in this platform's Compliance
section, subject to Form 15CA/15CB certification. Note that this is entirely separate from Malaysia's own
Real Property Gains Tax (RPGT), which applies only to the sale of Malaysian property, not Indian
property. NRIs in Malaysia coordinating a sale from abroad often use the Specific POA executed under the
Wisma Putra/Indian High Commission chain described above to authorize an India-based family member or
advocate to sign the sale deed, collect the TDS-adjusted proceeds, and complete the NRO account
formalities, since attending the registration in person is rarely practical from Kuala Lumpur.
