What is Trust and how it is created? Is Trust Deed a mandatory pre-requisite for creation of a Trust? Elucidate.

According to Section 3 of Indian Trusts Act 1882 trust is (i) an obligation annexed to the ownership of property and (ii) arising out of confidence reposed in and (iii) accepted by the owner or declared and accepted by him, (iv) for the benefit of another or of another and the owner. Section 6 lays down provisions for creating a trust. It provides that subject to the provisions of Section 5 a trust is created when the author of the trust indicates with reasonable certainty by any words or acts: (a) an intention on his part to create thereby a trust; (b) the purpose of the trust; (c) the beneficiary, and (d) the trust property; transfer the trust property to the trustee except where a trust is declared by Will or the author of the trust is himself to be the trustee. For creating a trust, the author of the trust should indicate with reasonable certainty the following: Certainty in words: The words used to create a trust must be clear and certain so as to explain a clear intention to create a trust. Recommendatory words like "I hope" "I wish" are not sufficient. Certainty in the object of the trust: The beneficiary, for whose benefit the trust is created, must be shown clearly. Certainty in the subject-matter of the trust: The subject matter of the trust must be clear, i.e., the property, in respect of which a trust is created, must be shown clearly. Purpose of the trust should be certain. If the trust instrument is lacking in first and third certainties, no trust is created but if the second certainty is absent, resulting trust will be created in favour of the author of the trust. No. A trust may be declared either orally or through an instrument in writing. In regard to a private trust for immovable properties, a written trust deed is pre-requisite.