Partition of house along with roof and terrace.

We are two brothers, reside at a two storied building, elder brother in the first floor with his family and myself in the ground floor with my family. After death of my father the property was mutated in the name of my mother and two sons. My mother also died in 2014.since then the property is undivided. There is a rectangular shape terrace in frontof our house.. Our water reservoir,septic tank, staircase to roof are also commonly used .My elder brother used to pressurise me to divide the land anong with the building property. I advised him to keep the land /terrace mutually common so that both of us can use the space for entrance and car parking too but he did not agree. Moreover, He forcefully occupied the ground floor's varanda causing much inconveniences to me, there is a staircase up to roof. He filed a pertition suit against me. 1.Sir, how the two storied house would be divided under this situation? 2. Can I claim to divide the roof 50:50 since he claiming for front land /terrac