As defined under Indian Contract Act, 1872, Surety is a Person who binds himself for the payment of a sum of money or for the performance of something else for another who is already bound for the same.

Rule 422 of Bombay High Court (Original Side) states in certain cases Surety to be justified:

(a) In the following cases the surety to the bond shall justify for the whole amount of the estate –

i. When the person to whom the grant is made has taken out Letters of Administration or Succession Certificate for the use and benefit of a Lunatic or person of unsound mind, unless he be a committee of the estate of such lunatic appointed by the Court and has given security.
ii. When the person to whom the grant is made has taken out Letters of Administration or Succession Certificate for the use and benefit of a minor, unless he be a guardian of the property of such minor appointed by the Court and has given security.
iii. When the person to whom the grant of letters of Administration or Succession Certificate is made is entitled to a life interest.

(b) When the person to whom the grant of Letters of Administration or Succession Certificate is made is entitled to a portion only of the estate, the surety to the bond shall justify for the whole estate less the share of the grantee and of such sharers as shall consent in writing thereto.

(c) In all other case the surety may be a common surety. The Judge in Chambers may, however, in a proper case and for reasons to be recorded in writing dispense with the justification of surety.

Rule 423 of Bombay High Court (Original Side) states that an approved company may be accepted as a common or justifying surety and in such cases the bond shall be given for the amount of the property for which the grant is to be made.