Yes your grandma can sell her share in the property. But a stranger can not claim partition of the same if property is a dwelling house,  to avoid any future dispute in this regard.

1. O death of your grandfather his legal heirs which include your grand mother has undivided equal share in the property of her husband along wot her children.

2 Now there is no legal bar to sell one's undivided share in the joint property which your grand mother can do as well.

3. While selling her undivided she does not require consent of her children as well.

4. Once her undivided share is sold she can do with the money as she likes.

No, you or your mother can't sell grandmother share property without maternal uncle's help.

If mother has dementia you can be appointed as guardian by court orders 

2) your mother can file suit for partition for division of property by metes and bounds 

3) seek injunction restraining sale of property by her brothers 

If you sell your undivided share the prospective buyer cannot take possession of any specific part of the land unless the same is partitioned. You can sell your undivided share in the property to a third person if the said buyer is willing to buy it and get it partitioned at a later date.

Since the subject of your query is -

"Should the property divided equally among Sons when they dont take care of parents", I am assuming this is the primary concern.

There are three remedies, but in two cases you will need to obtain a medical certificate from the doctors thereby implying that she is competent to transfer her share from one person to another person.

The three remedies available are- 

1. She can execute a registered gift deed in your favour wherein she can state the reasons why she did that.

2. She can execute a register will deed in your favour, but then again you need to be mindful that will eventually becomes a disputed document and is not as robust as a registered gift deed.

3. To attain guardianship and managerial rights of your grandmother and of her estate from the competent authority but there you will have to establish that your family are the only family taking care of your grandmother.

Nirmit Srivastav 

Advocate 

[deleted] 

If uncle is legal heir then his consent is needed. Other wise you need to move for partition suit

1. If the property is originally owned by your maternal grandfather and he died intestate then on his demise it devolvced through intestate succession on his widow and all children equally.

2. The property in entirety cannot be sold unless all heirs consent to sale, but any heir is free to sell his/her share. However, if the  undivided share by any heir is sold the buyer cannot get the possession of property unless he files a suit for partition and the property is partitioned.

3. The share of grandmother cannot be sold except with the permission of guardianship judge. Guardianship court will  not ordinarily grant permission to other heirs to sell the share of your maternal grandmother unless it is proved that sale is for her benefit.

Yes your grandmother can sell property without consent of your uncle. 

She can execute will in favor of any person and after her death only that person will become sole owner of that property

On GF`s death, property inherited in all eqaully, 1/5th each. With the permission of grand mother you can sell her share. She can execute POA in your favor to sell property.

If she is medically unfit, get order from court. Your mother is taking care of her, hence she can file application in court to grant her guardian ship of grand mother and permit her to sell her share to contribute GF`s medical and other expanses.

No doubt your grandmother's share of property can be sold even if the property is not yet partitioned, but the buyer will be entitled to the undivided share in the property and he can file a partition suit to claim his share in the property.

However since your grandmother is suffering from dementia, she cannot sell the property by herself, her guardian only can sell her share of property.

The guardian should be appointed by court of law, hence if your mother want herself to be appointed as court guardian to your grandmother, she may have to file a guardian petition  but before that she may have to file a mental health petition to declare your grandmother to suffer from dementia by producing a doctor's certificate to that effect.

Once the court is declaring her to suffer from that ailment, then she may seek the court to appoint her or any other person as court guardian to take care of our grandmother's health by selling her share in the property.

This involves lot of legal procedures hence you may discuss with a local advocate at length and follow it up as per law.

Yes grandma can sale.her undivided share in the proeprty also can make will or transfer of same in her life.

Permission of uncle is not required in same.

If she is suffering from mental issues an application for appointment as her guardian has to be filed by your mother and permission to sale her share.