Hello Mr. Kumar, There are few things to be investigated due to mis match & incomplete details
1. Who bequethed the property in question to your brother's name. Pls be specific, because u r refering to two different WORDS - WILL & GIFT. Both mean different. Your parents could not have made the will since u r claiming the property is transferred long before your parents deceased. ( WILL will come to life only after the death of the EXECUTOR (s). Now if we understand that if it is Gifted by your parents to your elder brother in that case, How can there be a registered WILL. ? ? Pls be specific.
2. Since your brother is interested in constructing only ground floor and is interested in allowing you brothers to construct on the 1st and 2nd floor, there should not be any problem as per your rights in the property is concerned. However it is strictly advised not to move out of the premises in haste. Before going out of property I sincerely advise on getting the INTENTION of your brother on RECORD by way of MOU / JOINT DEVELOPMENT DEED and REGISTERING the same immediately to safe guard your interest / rights in property in question. Pls do not adhere to any oral understanding in this case at all. Get a DEED professionally drafted with help of LEGAL SPECIALIST in this matter. In case if you r in Bangalore I can assist you in the above said matter. If you need any further clarification pls feel free to contact on firstname.lastname@example.org or on 9845285555 in Bangalore. With Warm regards. Mahadeva Rao. G, ADVOCATE. BANGALORE.