Following six circumstances can be taken as a guide while considering whether a particular transaction is benami in nature or not.
(i) the source from which the purchase money came;
(ii) the nature and possession of the property, after the purchase;
(iii) motive, if any, for giving the transaction a benami colour;
(iv) the position of the parties and the relationship, if any, between the claimant and the alleged benamidar;
(v) the custody of the title deeds after the sale; and
(vi) the conduct of the parties concerned in dealing with the property after the sale.
(Jaydayal Poddar v. Bibi Hazra (supra), SCC p. 7, para6)