1. In legal parlance under the MCS Act, "ONLY & ONLY" the first named person in the society Share Certificate is the person who is called as a "Registered Member" and it is this first registered member who derives ANY & ALL the rights as may be mentioned in the MCS Act, Rules & Bye-Laws.
2. The second registered member or say Joint member, does NOT derive ANY right, IF the first registered member is alive (like attending AGMs, bit-chings, land-lord'giri, Elections etc...) ONLY the first registered member may be embroiled or participate in legal disputes. The second registered member is only for non-legal connivence purposes only, -BUT- can "re'derive" the rights, IF & WHEN (written'ly) PERMITTED BY THE FIRST REGISTERED MEMBER, but again "ONLY FOR" for purposes of AGMs, bit-chings, land-lord'giri, Elections.
3 . In the issue instant, the "uncle" is the first registered member. Only the legal heirs of the "uncle" replace the position of the first registered member. A second registered member will always remain the second registered member and can never be replaced in the place of the first member. Unless of course the first registered member, relinquishes his title rights to the second name, via a duly registered and stamp duty paid deed.
4. By the above logic only the first registered member (uncle) may make nomination for his flat or designate an associate member for his flat. The second registered member does not derive any right whatsoever to make nominations or associate memberships.
5. IF there ae no Nominations or Will or Deed & IF there are no legal claimants of the Uncle, THEN the present legal beneficiaries may file for rights of the property, in the High Court, for a succession certificate or a letter of administration as the case may permit.
6. After due procedure, the court may grant the approriate orders in favour of the beneficiaries, which is then used in the society, for transfer of title and CHS membership.
7. The registrar of coop societies have no jurisdiction in the above issues and he would just simply advise you to get a court decree pertaining to the title of the property. The Society cannot transfer the flat to ANYBODY, without the court's orders and IF "IN" the contrary the society would be held liable for fraud and forgery. At the best, the occupants of the flat may be considered as "deemed nominees by virtue of and within the defination of the word "family". However they do not derive ANY legal right or title over the property, unless a court order is obtained.
Keep Smiling .... Hemant Agarwal