Procedure for Revoking a Trust Deed in India If the deed is silent, ensure that statutory grounds under Section 78 of the Indian Trusts Act, 1882, apply. Obtain Consent (If Required): If revocation is being pursued under mutual consent of beneficiaries, secure written consents from all legally competent beneficiaries.
What are the three ways a trust can be terminated?
(a) A trust terminates when any of the following occurs: (1) The term of the trust expires. (2) The trust purpose is fulfilled. (3) The trust purpose becomes unlawful.
Who has the authority to revoke a trust?
As a general rule, a trust can only be revoked by its settlor or anyone else the settlor has granted the power to revoke. If there are multiple settlors, all the settlors must agree to the revocation (unless the provisions of the trust establish different rules).
What is the procedure for revocation of trust?
How to Terminate a Trust Upon the settlors death. Upon the death of the settlor (or within a reasonable time after death) a standard liquidating trust may terminate. Upon another stated event. Upon conclusion of maximum legal term.
What makes a trust null and void?
The document creating the trust doesnt meet the legal requirements; The trust was created or modified by fraud; The creator of the trust lacked the capacity to create the trust; or. Someone exercised undue influence over the creator of the trust.
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