How to get my name on my flat after my father's death?
My father died few days ago due to cancer. This flat in Mumbai was bought in October 1984 as joint owners, with my mother being the primary holder and my father as the secondary holder. However in November 1984, my mother declared legally that she does not have any right, title and interest, etc. in this flat, that my father is the absolute owner, and that she is just a benamidar of her husband (my father). In December 1984, the share certificate of this flat was recorded only with my father's name on it. Then they filed divorce in March 1994 that was finally approved legally in February 2005. Since March 1994, my mother stayed elsewhere with my younger sister and brother, and i (his eldest daughter) lived in this flat with my father. We all three children are married and live with our spouse in our own house elsewhere, since married.
Earlier in the 80's, the society sent maintenance bills in my mother's name, then in the 90's in my father's name and then suddenly started sending again in my mother's name inspite of my mother not staying here since 1994. Yes, my father did not make any changes to the original agreement till date where my mother is primary holder, possibly thinking that her declaration suffices all.
There is no nomination nor nominee. In November 2011, my father made a will stating he is a divorcee and has not made any provision for the other two children in the will, and that both his movable and immovable property including this flat should go to me alone. Only in the event of my death before my father, should it go to my younger sister.
We have a divorce decree exhibit 30 and an attached exhibit 22 stating "consent terms of divorce". So here's the problem that our society has - the Exh. 22 has this line handwritten "The petitioner (my mother) not claim any tight over the respondent (my father) flat at (flat address)." However, my mother has her initials next to it. The other thing is that the Family Court stamp is on top of this page and not next to this handwritten thing.
It is indeed a long story but i just needed to know if I have full 100% rights on this house, or does my mother, sister and brother still have equal rights on this flat. I am not being selfish here, but they were never concerned about my father since they moved out in 1994. All the expenses for this flat and for my father's sickness have been taken care of by me and my father, Could you'll please guide me with your expertise?