How to Revoke a Trust Deed in India: A Clear Legal Roadmap
Revoking a trust deed in India is a legally sensitive process that must align strictly with the provisions of the Indian Trusts Act, 1882. A trust, once created, is generally considered irrevocable unless the trust deed explicitly allows for its revocation or specific statutory grounds are satisfied. Settlors who wish to revoke a trust must ensure that all legal, procedural, and beneficiary rights are duly considered to avoid legal complications. Improper revocation can lead to disputes, beneficiary claims, or regulatory scrutiny—especially in private family trusts, real estate trusts, or charitable arrangements. Legal Grounds and Process for Revoking a Trust Deed in India 1. Revocation by Will (Trusts Created by Will) Under Section 78(a) of the Indian Trusts Act, 1882 , if a trust is created through a will, it remains revocable at any time before the testator’s death. This is because the trust is testamentary in nature and does not take legal effect until the ...