Can I file suit for partition against my brother?

We are two brothers and purchased a HUDA plot at Faridabad and taken a Home Loan Rs. 19.50 lacs from Punjab National Bank for construction. But Rs. 30-32 lacs has been spent of construction (Ground Floor & 1st Floor). We partitioned this property through Oral way. In Plot registry's documents, myself has 1st name and my elder brother has 2nd name. Who resides in G.Floor with 60% Covered area (1460 sq. fts) and 40% (972 sq. fts.) open Area of 2432 Sq. fts. plot and I am in 1st Floor with only 55% (1338 sq. fts.) of 2432 Sq. ft. area. Before construction we have orally decided that G.F. party will keep full right on G. F. Area and 1st floor party will keep full rights on 1st floor along with its roof. Now he is not following the Oral Agreement and Demand the half portion of roof of 1st floor and as per HUDA rules no plot and no floor can be divided in half. Every floor will be in single dwelling unit. He is ignoring the total sq. ft. area he has and says that we are 50:50 owner of this property and he has 50% rights on the roof of 1st floor. Is he right as a 50:50 owners of this property? and my other questions are as follow: