1.The decree of foreign court is not valid in India if the said state is not a reciprocating country and the order passed on grounds which is not recognised in India.

2. Making compromises mentioned by you is more suitable option for which you can make a mutual deed of partition which will take care of your internal arrangements.

Hi, other legal heirs can transfer their share through gift deed..In gift deed , stamp charges are minimum and varies in state govt , in some state there is no stamp duty on gift deed .. It may be approx 1-2 percent ..

1. Yes! You'll have to reapply for grant of probate in Tamil Nadu. Based upon the pecuniary value of the property, you'll have to approach either the High Court or the concerned District Court. For court fee payable in Tamil Nadu, you'll have to check with a local Lawyer.

2. The stamp duty and Registration charges will be very very nominal.

first of all please note that to execute the grant of probate issued by Malaysian High Court at india, your step mother has no other alternative but to resanction from Chennai High Court or else it has no more value than a scrap paper in respect of property left by your father at india. so as on date property lying in the name of your father at india has no will.

let your step mother obtain grant of probate from Indian Court, then you may negotiate with her. it will not much time consuming as a legal body, may be foreign, gave a seal of sanction and it will cost maximum Rs.50000 as court fees.

after that you may negotiate with her and if you desire to get the property from her upon payment, in that event i will suggest you for conveyance deed between you and your step mother and sister. you may opt for gift deed also which will be less expensive in respect of stamp duty between son and mother & brother and sister.

your step mother is legally valid wife of your father as he married her after demise of your own mother.

1)compromise through mediators with your step mother and sister by giving monetary compensation

2) release deed can be executed by other legal heirs

3)stamp duty is state subject and varies from state to state

amicable settlement is best option

contested proceedings take years to be disposed of

Should I go to the court in chennai or regional town Pudukkottai to ''Re seal the Grant

of Probate'' obtained in a foreign court? what percentage is court fee?

After the death of father his legal heirs become the absolute owner of his assets both movable and immovable’s. A foreign judgment can be enforced in India in one of two ways:

1. Firstly by filing an Execution Petition under Section 44A of the CPC (in case the conditions specified therein are fulfilled).In other words – Judgments from Courts in “reciprocating territories” can be enforced directly by filing before an Indian Court an Execution Decree.

2. Secondly by filing a suit upon the foreign judgment /decree

3. The foreign judgment is considered evidentiary. The time limit to file such a law suit in India is within three years of the foreign judgment.

4. However, “reciprocating territory” is defined in explanation 1 to Section 44A of India’s Civil Procedure Code as:

5. “Any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare as a reciprocating territory.”

Malaysia Is comes under Reciprocating Territories as per the Provisions of Section 44 A of the Code of Civil Procedure, 1908. 44A. Execution of decrees passed by Courts in reciprocating territory.

(1) Where a certified copy of decree of any of the superior Courts of any reciprocating territory has been filed in a District Court, the decree may be executed in [India] as if it had been passed by the District Court.

(2) Together with the certified copy of the decree shall be filed a certificate from such superior Court stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment.

(3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court executing a decree under this section, and the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any of the exceptions specified in clauses (a) to (f) of section 13.

“The Supreme Court held in the case of Moloji Nar Singh Rao vs Shankar Saran AIR 1962 SC 1737 that a foreign judgment which does not arise from the order of a superior court of a reciprocating territory cannot be executed in India. It ruled that a fresh suit will have to be filed in India on the basis of the foreign judgment.”

Therefore Under S. 44A of the CPC, a decree of any of the Superior Courts of any reciprocating territory are executable as a decree passed by the domestic Court. In case the decree does not pertain to a reciprocating territory or a superior Court of a reciprocating territory, as notified by the Central Government in the Official Gazette, the decree is not directly executable in India and a fresh suit will have to be filed in India on the basis of such a decree or judgment, which may be construed as a cause of action for the said suit. In the fresh suit, the said decree will be treated as another piece of evidence against the defendant.

However in both cases the decree has to pass the test of S. 13 CPC which specifies certain exceptions under which the foreign judgment becomes inconclusive and is therefore not executable or enforceable in India.Sections 13 and 14 enact a rule of res judicata in case of foreign judgments. These provisions embody the principle of private international law that a judgment delivered by a foreign court of competent jurisdiction can be enforced by an Indian court and will operate as res judicata between the parties thereto except in the cases mentioned in Section 13.A foreign judgment may operate as res judicata except in the six cases specified in the section 13 and subject to the other conditions mentioned in Sec. 11 of C.P.C.

So you have one option to file execution petition. But the decree obtained by fraud or exparty it is not enforceable here .A judgment or decree passed by a Foreign Court against an Indian defendant, who has chosen to remain ex-parte, may not be enforceable against him, until unless it can be shown that the said judgment was passed after investigation into, and leading of evidence on the plaintiff’s claim.

The judgment of a probate court, granting probate of a Will must be presumed to have been granted by that court having competency and jurisdiction to grant probate and in accordance with the procedure prescribed by law therefor. The said presumption will rule unless the contrary position is demonstrated to the conviction of the Court before which the challenge is put forth. A grant under Section 228 of the Indian Succession Act As merely an ancillary grant is order to give efficacy so the grant already made.

So there are contra things are raised in your case for validity of the will, if the second wife and her children s challenge the same in the court.

1. You can approach either a court in Chennai or in Pudukottai because the properties are located in both the places.

2. For release deed the stamp duty will be lesser compared to the gift deed or sale deed. The exact value can be enquired from the local registrar's office.

I was hesitant to go to court thinking it will take many years to get

the Grant of probate in Tamil Nadu as the properties mentioned or bequeathed in

the will is in my control.

Are there any other options for me ?

For grant of probate it wont take much time, in my opinion it should be disposed within one year if the opposite parties cooperate.