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Indian Trusts Act,1882

Act No : 2


Section : Revocation of trust

78. Revocation of trust.-A trust created by will may be revokedat the pleasure of the testator. A trust otherwise created can be revoked only-- (a) where all the beneficiaries are competent to contract-- by their consent; (b) where the trust has been declared by a non-testamentary instrument or by word of mouth--in exercise of a power of revocation expressly reserved to the author of the trust; or (c) where the trust is for the payment of the debts of the author of the trust, and has not been communicated to the creditors--at the pleasure of the author of the trust. Illustration A conveys property to B in trust to sell the same and pay out ofthe proceeds the claims of A's creditors. A reserves no power ofrevocation. If no47communication has been made to the creditors, A may revoke the trust.But if the creditors are parties to the arrangement, the trust cannotbe revoked without their consent.


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