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Revocation of Trust Deed — Template

Complete guide to revocation under Indian Trusts Act, 1882. Process, documents, penalties, latest amendments. Updated March 2026.

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Topic
Trust Registration
Published
March 23, 2026
Last updated
Mar 23, 2026
Reading time
6 min
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Last updated: March 2026Verified against: Government sources

Overview

This article provides a comprehensive, plain-language explanation of Revocation of Trust Deed under the Indian Trusts Act, 1882 and the Rules/Regulations made thereunder. Whether you are a business owner, professional, legal practitioner, or compliance officer, understanding these provisions is essential for lawful compliance.

The relevant provisions are found in Section 78, read with applicable Rules, Notifications, and State amendments as applicable. This article incorporates all amendments up to March 2026.

Why This Matters
Non-compliance with provisions related to revocation can result in penalties, prosecution, invalidity of documents, or loss of legal rights. Understanding these requirements helps protect your interests and avoid costly mistakes.

What the Law Requires

Key Legal Framework

Section 78 of the Indian Trusts Act, 1882 establishes the primary framework for revocation. The provisions cover: (a) scope and applicability, (b) specific conditions and requirements, (c) documentation and procedural obligations, (d) timelines and deadlines, and (e) consequences of non-compliance including penalties.

The corresponding Rules provide detailed procedural requirements including specific forms, formats, timelines, and fees applicable.

Who Must Comply?

The provisions apply to all persons and entities covered under the Indian Trusts Act, 1882. The specific applicability depends on the nature of the transaction, the type of entity, and the state/jurisdiction where the activity is carried out. State-specific variations may apply, and it is advisable to verify local requirements.

Detailed Explanation with Practical Examples

Example 1: Rahul and Priya from Faridabad want to set up a business together. They need to understand the requirements under the Indian Trusts Act, 1882 to ensure proper compliance from the start. This includes choosing the right structure, preparing the necessary documents, and completing the registration process within prescribed timelines.

Example 2: An existing entity needs to comply with ongoing requirements under Section 78. This involves maintaining proper records, filing annual returns, and ensuring that all changes in the entity's structure or operations are properly documented and reported to the relevant authorities.

Practical Advice
For revocation compliance, always maintain a dedicated file with all original documents, registration certificates, and correspondence with authorities. Keep digital copies of all filings.
Quick recapKey facts & short answers

Key Facts About Revocation of Trust Deed

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes Revocation of Trust Deed end to end for you.

What is revocation?

Section 78 of the Indian Trusts Act, 1882 governs revocation. It specifies requirements, procedures, and penalties.

What is the penalty for non-compliance?

Penalties vary by provision -- ranging from late fees to prosecution. Stamp duty default can attract penalty up to 10x the duty amount.

Know which registrations your business actually needs — both too few and too many cost money.

— TaxClue Compliance Desk

Revocation of Trust Deed: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

READY DRAFTRevocation of Trust Deed — Template

A deed revoking a revocable private trust, extinguishing the trust and revesting the trust property in the settlor, exercisable only where the original deed reserved a power of revocation under Section 78 of the Indian Trusts Act 1882.

Deed of Revocation of Trust

THIS DEED OF REVOCATION is made at [City] on this [Day] day of [Month, Year] BY [Name of Settlor], S/o [___], residing at [Address] (the "Settlor"), with the concurrence of the Trustees [Names] (the "Trustees").

WHEREAS the Settlor created a trust known as "[Name of the Trust]" by a Deed of Trust dated [Original Date], [registered with the Sub-Registrar, [Office], as Document No. [___]] (the "Principal Deed"), and settled thereunder the property described in the Schedule hereto (the "Trust Property");

AND WHEREAS Clause [__] of the Principal Deed expressly reserved to the Settlor the power to revoke the said Trust [and/or the trust is revocable with the consent of the beneficiaries/donor within the meaning of Section 78 of the Indian Trusts Act, 1882];

AND WHEREAS the Settlor now desires to exercise the said power and to revoke the Trust and have the Trust Property revested in himself;

NOW THIS DEED WITNESSETH AS FOLLOWS:

1. Revocation. In exercise of the power reserved under Clause [__] of the Principal Deed and Section 78 of the Indian Trusts Act, 1882, the Settlor hereby revokes, cancels and determines the Trust "[Name of the Trust]" created by the Principal Deed, with effect from the date of registration of this Deed, and the said Trust shall stand wholly extinguished.

2. Revesting of Property. The Trustees hereby reconvey, retransfer and make over the Trust Property described in the Schedule, together with all accumulations and income, unto the Settlor absolutely, freed and discharged from all trusts, and the Settlor shall hold the same as his absolute property.

3. Accounts and Discharge. The Trustees have rendered true and complete accounts of the Trust Property up to the date hereof, which have been examined and accepted by the Settlor, and the Settlor hereby discharges and releases the Trustees from all liability in respect of their administration of the Trust, save for any wilful default or fraud.

4. Further Assurance. The Trustees shall execute all such further documents and do all such acts as may be necessary to vest the Trust Property in the Settlor and to intimate the revocation to the bankers, the Registrar/Sub-Registrar, the jurisdictional Income-tax authority and other concerned authorities.

5. Declaration. It is declared that no third-party rights have been created over the Trust Property which would be prejudiced by this revocation, and that this revocation is made in accordance with law.

THE SCHEDULE (Trust Property revested)

[Full description of the cash/deposit/immovable property with particulars and value ₹[amount].]

IN WITNESS WHEREOF the Settlor and the Trustees have executed this Deed of Revocation on the day and year first above written.

____________________
Settlor
____________________
Trustee(s)

Witnesses:

1. ______________________2. ______________________
▸ How to use & important notes
  • A trust can be revoked only as permitted by Section 78 of the Indian Trusts Act 1882 — i.e., where the deed reserved a power of revocation, or with the consent of all competent beneficiaries, or (for a trust for payment of debts not communicated to creditors) by the author. An irrevocable trust cannot be revoked by this deed.
  • Execute on stamp paper and register the revocation deed with the same Sub-Registrar as the original (mandatory where immovable property revests).
  • Revocation of a trust may have income-tax and capital-gains consequences (revesting/transfer, clubbing under Sections 60–63, and Section 115TD exit-tax for a charitable trust) — take advice before executing.
  • A public charitable trust generally cannot be revoked to benefit the settlor; its assets must go to another charity, and the Charity Commissioner/court's sanction is usually required.

Disclaimer: This is a general-purpose template for reference only. Facts, figures, stamp duty and clauses vary with your situation and state law — have it reviewed before use. Need this professionally drafted, stamped and filed? Talk to a TaxClue expert.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 4 questions readers ask most on this topic.

Section 78 of the Indian Trusts Act, 1882 governs revocation. It specifies requirements, procedures, and penalties.

Penalties vary by provision -- ranging from late fees to prosecution. Stamp duty default can attract penalty up to 10x the duty amount.

The Indian Trusts Act, 1882 applies across India, but stamp duty rates, registration fees, and some procedures vary by state.

TaxClue provides complete compliance services. .