Father dies intestate property claim and distribution

At the time of father the house land build like that among 3 sons. the elder one take all front by road(south west) and divide toward (south east) the land in 3 equal parts with having word that all three has to leave there self land as the walk in passage as oral distribution . Now the problem is that we both younger brother wants to lift the walk in passage upto 1 feet to the main road but the elder one refuse saying 1/3 of passage is the portion of his land and if the passage lift then its a sign of land capture by force. We both younger brother want to claim the full passage as the elder one already having the full front of land towards road or we want the law interfere in it and distribute whole land towards road among 3 of us. here also elder brother refuse saying i land de-construct he want his single penny invested on making double story house we both brother have single story only. But if he cant leave that passage then we also got problem in land sell. Also father is die now land in of his name till now.