A perusal of Section 375 of the ISA clearly shows that the imposition of a condition of security/surety/indemnity bond is in order to indemnify person(s) or safeguard the interests of such persons who may be entitled to the whole or any part of the debt and security. A condition is imposed where the Court comes to the conclusion that it is necessary for any purpose, including any debt to be satisfied, any other claimants, any dues to statutory authorities etc.

2) There are a stream of cases, where having regard to the fact that the petitioners in testamentary cases where probate/letters of administration were sought in respect of the estate of the deceased, had been exempted from furnishing Surety Bond/Administration Bond on the ground that the will was in favour of the natural heirs and there was no contest to the request for grant of letters of administration/Probate. It was observed that where the petitioners/applicants were natural heirs/sole beneficiary of the deceased, any order directing the said petitioner(s) to stand as an administrator/surety of the estate of the deceased would amount to their/his standing surety for themselves/himself.

3) 

In a recent decision in the case of Rajesh Sinha and Ors. vs. State in TEST CAS. 84/2011 decided on 06.04.2015, taking note of the judicial precedents on the above aspect, delhi HC  Court had dispensed with the requirement of the petitioner therein furnishing the Administration and Surety Bond by observing as below:-

"9. On a conspectus of the above legal position on the requirement of furnishing a surety and Administration Bond, it may be noted that in a majority of decisions, it has been held that where a sole beneficiary/legatee is involved, the requirement of offering an indemnity bond/surety bond is dispensable for the simple reason that it would be an exercise in futility to call upon a sole beneficiary/legatee under a will that has been duly proved, to furnish an Administration Bond/Surety Bond when the estate of the deceased has been bequeathed in favour of the very same person

The Bond will be on your and Surety's third person names. There is a particular format according to court and for how many surety judge have asked to submit 1 or 2.

You only and why you applied for probate. Unnecessary court fees paid. 

third person should sign administration cum surety bond 

Still it is waste of money. If he had an objection, he could have challenge the WILL instead of applying for probate. 

As per section 291of Indian succession act

(1) Every person to whom any grant of letters of administration, other than a grant under section 241, is committed, shall give a bond to the District Judge with one or more surety or sureties, engaging for the due collection, getting in, and administering the estate of the deceased, which bond shall be in such form as the Judge may, by general or special order, direct.

(2) When the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person--

(a) the exception made by sub-section (1) in respect of a grant under section 241 shall not operate.

(b) the District Judge may demand a like bond from any person to whom probate is granted.

I am already clear, but there many others out to sought out the matter instead of Probate. When there is registered WILL attested by 2 witness. Presumption of its genuineness. 

well now probate done, no issue. 

If you have approached the court seeking grant of probate to Will, then it is pertinent to comply with the conditions imposed by court in this regard which is a prescription of law in this connection.

If you are not willing to comply with the court order then the probate will become infructuous or the probate petition will be dismissed for not complying with the court order.

You should get order for private if your brother does not contest the will 

if he contests the will then it would get converted into testamentary suit 

Thanks for your appreciation 

Dear Client,

In your situation, where you are both the executor and a beneficiary of the will, you are required to provide an "Administration cum Surety Bond" as directed by the court. You can sign the surety bond yourself because you hold dual roles. Typically, this bond ensures that you will administer the estate according to the will's terms and conditions and fulfill any obligations the court sets. However, to provide additional security to the court, you might also consider having a third-party surety co-sign the bond. This third-party surety should be someone reliable who can be a guarantor for the bond, ensuring there is no financial risk to the estate or any discrepancies in administration. In summary, while you can sign the bond yourself, involving an additional surety could offer extra assurance to the court. Ensure to comply with all court requirements to avoid any complications with the probate process.

There is nothing wrong in approaching the court to get probate of Will when the Will is disputed by one of the legal heirs of the deceased testator.

Once you get the probate order from competent court, then there is no necessity to obtain NOC from the dissatisfied legal heir. 

You are welcome for the understanding and the appreciations. 

The executor of Will or the applicant for grant of Probate can furnish such surety Bond. 

The executor needs to give a bond to the  Court for due distribution of bequeathed properties in favour of beneficiaries. Executor can also be beneficiary under the  will.

- As per the Gujarat High Court , furnishing surety and bond is not required for the issuance of probate to the executors of a Will, and this requirement is only necessary for the issuance of letters of administration.

- Probate of Will is mandatory if there is dispute for property between the legal heirs. 

- According to Section 2 of the Indian Succession Act, 1925, Probate means "the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration of the estate of the testator.

- You being the executor can be surety 

Yes he can play both roles, and he can also sign the same himself