Benami property burden of proof: apparent title prevailed where no reliable evidence linked purchase to the alleged real owner.

A party asserting that property standing in another's name is benami must strictly prove that the consideration came from the alleged real owner and that surrounding indicia, including possession, custody of title deeds, motive and subsequent conduct, support that case. Here, the title deed and property tax receipts stood in the first respondent's name, she gave evidence of purchase from her own means, and there was no satisfactory proof that the insolvent or his father paid the price, possessed the property, or retained the title deeds. The benami plea failed, and the insolvent was not shown to have any interest in the property.

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Issues: Whether the property standing in the first respondent's name was proved to be benami property purchased by the insolvent so as to entitle the Official Assignee or creditor to treat the insolvent as having a one-sixth share in it.

Analysis: The burden lay on the party asserting benami to prove, by legal evidence of a definite character, that the consideration came from the alleged real owner and that surrounding circumstances, including motive, possession, custody of title deeds and subsequent conduct, supported that conclusion. The title deed stood in the first respondent's name, property tax receipts were in her name, she had given evidence of purchase from her own means, and there was no satisfactory evidence that the insolvent or his father paid the price, possessed the property, or retained the title deeds. The recitals in earlier mortgage deeds were not treated as conclusive, especially when the first respondent explained how those recitals came to be incorporated and when independent evidence was lacking.

Conclusion: The plea that the property was benami was not proved, and the insolvent was not shown to have any interest in the property.

Final Conclusion: The appeals failed because the only property in dispute was not established to belong to the insolvent, and the order refusing to treat it as part of the insolvent estate was sustained.

Ratio Decidendi: A party asserting that property standing in another's name is benami must strictly prove the real source of consideration and other surrounding indicia; in the absence of such proof, the apparent title prevails.

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