4 legal heirs can sell their undivided share in property to builder 

2) sale deed should be duly stamped and registered 

- As per law, after the death of parents without leaving WILL , his property would be devolved upon all the legal heirs equally. 

- Hence all 5 legal heirs having their respective right over the 1/5th of share in the property . 

- Before giving the property to the builder for development , you should send a legal notice to the said legal heir , and to take his consent for the same. 

- If, no response then file a suit before the court to partition of the property . 

- If you will not take his consent , then that LR will approach the court to stop the work of development . 

You have not mentioned whether the property is a dwelling house or othertype .

If it is a dwelling house any co-owner can sell his share but the buyer if is not a member of the family, he shall not have any right to common enjoyment of the house. So builder can not do the developing work unless all co-owner give consent. 

If property is other than a dwelling house the buyer shall have right to joint enjoyment of the property . In this case consent of other co-owner whose share not so transferred shall not be required. But he needs partition before doing any development work. 

Other alternative is go go for partition and then sell share of agreeing co-owner portion. In case of dwelling house not physically feasible for partition, seek court order for sale of the property. 

All the legal heirs have equal right over the property. They have every right to sell their own undivided share. partition the property by meets and bounds is the solution to get any one of the persons get their share from undivided share .

Well since only 4 is ready for this then only 4/5th share of land can be developed. 

Now as the property is not partitioned the non willing ci sharer has right of share in every inch of the property. 

Therefore first divide the property and then go for development. 

Dear Sir,

it is suggested that you serve the legal notice to the erring legal heir for the logical solution and then have meetings, have the property partitioned or get the MOU signed with him for the said development. Then proceed with the builder. 

1. Get the property partitioned either mutually or through Court with metes and bounds.

2. Thereafter you can sale the shares of all 4 share holders to the Developer after offering to sale the same to the 5th share holder first duly complying with the law of pre-emption.

The property devolves on 5 legal heirs therefore all the 5 legal heirs are the shareholders of the property.

The property as of now remains undivided.

If one of the shareholders is not willing to sell or divide the property as per mutually agreed conditions or terms and if you people are not able to arrive at an amicable solution to the present problem, then you have no option than toi approach court of law  with a suit for partition  seeking division of the property into 5 equal shares and to allot four such shares to all the four of you with separate possession.

You people cannot sell or develop or divide the property among yourselves without the consent or willingness of one of the share3holders.

He may approach court and obtain a stay order agaisnt everyone which will stop you people from progressing any further in this connection for years together.

Therefore better discuss with an advocate in the local and take a wise decision at right time  to proceed legally in this issue instead of taking any decision hastily  which would invite more troubles.

Dear Sir,

First you may file partition suit and also put a claim to purchase the share of the unwilling brother then court will direct him to sell his share otherwise he will be permitted to his share in the Court and thus get his share legally.

Hi 

1) In law, the option of right of first refusal remains with the legal heirs.

2) the dissenting legal heir can buy out the shares of the other four legal heirs or the four legal heirs can buy out  the share of 5th legal heir.

3) So, kindly engage the family elders/ court appointed mediators and arrive at a family settlement / partition. 

4) Any agreement without consent of 5th legal heir is voidable.  and hence mediation is preferred choice for parties to exercise right of first refusal. 

5) If the 5th legal heir does not agree to buy out the share  of other legal heirs/does not offer to sell his share to other legal heirs, mediators will help resolution of dispute (by way of equal distribution of monies so derived by sale of rights) to all the legal  heirs. 

6) To exercise the right of refusal, any one of the legal heir can cite financial necessity which is a good ground . 

Hope this information is useful.