How will the property be divided after mothers death ?

sir we r 3 brothers religion Hindu our mother expired in 2002 before that we have divided ancestral property into four parts including our mother after she expired till now we have not divded our mothers property now my elder brother has no objection fr giving his share in mothers property to me (as i am the 3rd one our mother was living with me) but my 2nd brother has objection fr dividing in to three because my 1st and 2nd brothers has some personal issues in their properties in between...and objecting fr this on to clear that matter then he will sell his share to me can i construct a house in mine and 1st brother share with out consent to 2nd brother as we had not divided our mothers share in equal parts sir can u suggest me what should i do i am not interested in 2nd brothers share just i want to construct the house due that place is misused by local people they are trying to acquire as it is an open plot