Conveyance deed

Sir we are 8 members in industrial building our building is 19 years old , builder has not done deed of declaration in past but he is ready to do conveyance deed but 1 member is not ready to do conveyance deed just now as his divorce case is going in court and due to name purpose he is not cooperating us but our lawyer told us that we will ask papers from that one member and tell builder to do deed of declaration and then we will do conveyance deed for only 7 members and remaining 1 member will do his conveyance deed whenever he wants , builder is going to do apartment ., sir is this thing possible as our lawyer told to us or is there any other procedure.